Madhya Pradesh High Court
Smt.Savitri Yadav vs M.P.Bhoj [Open ] Ors on 26 June, 2012
1 W.P No.2880/2005
HIGH COURT OF MADHYA PRADESH AT JABALPUR
WRIT PETITION NO.2880/2005
PETITIONER : SMT. SAVITRI YADAV
Vs.
RESPONDENTS : MADHYA PRADESH BHOJ (OPEN)
UNIVERSITY,
AND OTHERS.
Present : Hon'ble Shri Justice R.S. Jha.
For the petitioner : Shri Devendra Gangrade,
Advocate.
For the respondent/State : Shri Samdarshi Tiwari, Govt.
Advocate.
For respondent nos.1 to 5 : Smt. Shobhna Koshta,
Advocate.
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ORDER
(26/06/2012) The petitioner has filed this petition praying for a direction to the respondent University to grant average marks to the petitioner in the subject of Economics in Bachelor of Arts final examination held in the month of May-June 2003 and to issue a corrected mark-sheet with a further direction to initiate disciplinary proceedings against respondent no.6 for his misconduct of tampering with the answer books of the petitioner.
2. It is submitted by the learned counsel for the petitioner that the petitioner had appeared in the final 2 W.P No.2880/2005 year B.A examination and was expecting to fair well in the said examination, however, the respondent no.6 tampered with the answer papers of the petitioner of the subject of History paper-I and Economics Paper I & II as a result of which the petitioner was declared unsuccessful. In the circumstances, the prayer as aforesaid is being made in the present petition.
4. The respondents have filed a return and have stated that on a complaint being made, the respondents had referred the matter to the enquiry committee before whom the petitioner and her nephew Mr. Yadvendra Singh, both appeared. It is stated that the answer books of the petitioner were examined by the Inquiry Committee as well as the petitioner and it was found that while the answer book of the subject History was totally blank, the petitioner and her nephew, both had answered one question in Economics I & II answer paper and on this basis while average marks were awarded to the petitioner in the subject of History, the petitioner was awarded marks in accordance with the answer given by her in the subject of Economics. It is submitted that subsequently the corrected mark sheet was made available till April 2004 but the petitioner did not receive the same from Baldeogarh Centre and, therefore, the 3 W.P No.2880/2005 same was sent by registered post to the petitioner. The respondents have also stated that no illegality whatsoever was committed by respondent no.6 nor was any tampering in the answer papers done as alleged by the petitioner which fact was also noticed by the petitioner when the answer sheets were produced and examined by her before the Inquiry Committee.
5. In view of the aforesaid stand of the respondents which has not been denied by the petitioner, I do not find any merit in the petition or the claim made by the petitioner as the answering respondents have duly got the matter examined by the Inquiry Committee and have awarded marks to the petitioner in accordance with her performance and have also given her average marks in History.
6. The petition, filed by the petitioner, being meritless, deserves to be and is hereby dismissed. In the facts and circumstances of the case, there shall be no order as to the costs.
( R. S. JHA ) JUDGE 26/06/2012 mms/-