Karnataka High Court
Raghavendra Jawalkar vs The Registrar Karnataka Law And Anr on 16 June, 2022
Author: S. Vishwajith Shetty
Bench: S. Vishwajith Shetty
1 W.P.No.201026/2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WRIT PETITION NO.201026/2022 (EDN-EX)
BETWEEN:
RAGHAVENDRA JAWALKAR
S/O MARUTHI JAWALKAR,
AGE : 38 YEARS, OCC. STUDENT AND BUSINESS,
R/O HALUWAL BANASHNKARI NIVAS,
SULTANPUR ROAD, VIJAYAPURA-586101.
... PETITIONER
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE REGISTRAR,
KARNATAKA LAW UNIVERISTY,
NAVANAGAR HUBBALLI-580020.
2. THE PRINCIPAL
SRI SIDDESHWAR LAW COLLEGE,
VIJAYAPURA-586101.
... RESPONDENT
(BY SRI SUBHASH MALLAPUR, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED
26.04.2022)
2 W.P.No.201026/2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT
NO.1 TO CONSIDER THE PETITIONERS REPRESENTATION
VIDE ANNEXURE-G, DATED 05.04.2022 AND FURTHER
DIRECT THE RESPONDENT NO.1 MAY BE DIRECTED AGAIN
TO REVALUATE THE ANSWER SHEET OF THE PETITONER IN
RESPECT OF PAPER BEARING SUBJECT CODE NO.0501 CPC
PERTAINING TO THE 5TH SEMESTER
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner as well as the learned counsel appearing for respondent No.1.
2. The petitioner has filed the instant writ petition with a prayer to direct the respondent No.1 to consider the representation vide Annexure-G dated 05.04.2022 and also further direct the respondent No.1 to re-evaluate the answer sheet of the petitioner in paper bearing Code No.0501 - Civil Procedure Code pertaining to the fifth semester. 3 W.P.No.201026/2022
3. It is the case of the petitioner that he is a student of LLB three years course pursuing his studies in the second respondent college. He had appeared for his examination in subject Code No.0501 - Civil Procedure Code pertaining to the fifth semester.
4. It is the grievance of the petitioner that though he answered all the question, the Evaluator has failed to evaluate the paper properly which has resulted in awarding lesser marks.
5. It is under these circumstances, he had made a representation to the first respondent on 05.04.2022 vide Annexure-G with a prayer to re-evaluate his answer sheet in the paper bearing Code No.0501 - Civil Procedure Code, since there was no response from the respondent No.1, the petitioner has approached this Court.
6. Learned counsel for the petitioner submits that he has answered all the six questions which he was required to answer. However, the answers given by him to questions 4 W.P.No.201026/2022 No.2 and 6 are not evaluated by the Evaluator and therefore he has been given lesser marks.
7. Per contra, learned counsel appearing for respondent No.1 -University fairly submits after going through the records that prima facie it is seen the answers given by the petitioner to questions No.2 and 6 have been not evaluated by the Evaluator and therefore the request made by the petitioner for re-evaluation would be considered by the respondent-University.
8. Having regard to the submission made on both sides and considering the material available on record, I am of the view that this writ petition can be disposed of by issuing necessary directions to the respondent No.1- Unversity. Accordingly, the following :
ORDER The writ petition is allowed.
The first respondent-University is directed to consider the representation dated 05.04.2022 submitted by the petitioner vide Annexure-G and shall take necessary steps to 5 W.P.No.201026/2022 re-evaluate the answer sheet of the petitioner in respect of the paper bearing Code No.0501 - Civil Procedure Code pertaining to the firth semester of LLB three year course as expeditiously as possible but not later than two weeks from the date of receipt of a certified copy of this order.
Sd/-
JUDGE sn