Delhi High Court - Orders
Ishaan Kumar vs University Of Delhi & Anr on 19 December, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15330/2023
ISHAAN KUMAR ..... Petitioner
Through: Mr. Ashish Dholakia, Sr. Advocate
with Mr. Shivek Trehan and Mr.
Rohan Chawla, Advocates.
Versus
UNIVERSITY OF DELHI & ANR. ..... Respondents
Through: Mr. Akshat Bajpai, Ms. Ishanee
Sharma, Mr. Shobhit Trehan and Ms.
Renuka Parmanand, Advocates for R-
1and 2. (through VC)
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 19.12.2023
1. Learned counsel on behalf of the respondent-University submits that as per the extant regulations, there is no provision for re-evaluation and only re-checking is permissible.
2. Learned senior counsel appearing on behalf of the petitioner, however, submits that the petitioner's case would fall within the category of re-checking and not in re-evaluation. According to him, the answers have not been correctly checked on account of difficulty being faced by the examiner with respect to the hand writing of the petitioner.
3. Learned senior counsel has placed reliance on the decision of the Hon'ble Supreme Court in the case of Ran Vijay Singh v. State of Uttar This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:46:43 Pradesh1 and he submits that the court may permit even re-evaluation or scrutiny, if it is demonstrated very clearly, without any 'inferential process of reasoning or by a process of rationalisation' in rare or exceptional cases that a material error has been committed. He, therefore, submits that when the examiner himself has placed a note about difficulty to check the answer script, in that case, the answer script of the petitioner cannot be treated to have been evaluated at all. According to him, there is no basis for awarding any marks to the petitioner.
4. Let the respondent-University to examine the aforesaid facts and to assist this court as to whether under the facts of the present case, the answer script of the petitioner can again be sent to the same examiner or to any other independent examiner, without treating the instant case as a precedent.
5. List on 31.01.2024.
PURUSHAINDRA KUMAR KAURAV, J DECEMBER 19, 2023/p/am Click here to check corrigendum, if any 1 (2018) 2 SCC 357.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2023 at 23:46:43