Document Fragment View

Matching Fragments

The plea that there is absence of specific provision enabling the Vice-Chancellor to order re-evaluation of the answer scripts and, therefore, the Judgment impugned should not be interfered with, cannot be accepted. Re- evaluation of answer scripts in the absence of specific provision is perfectly legal and permissible. In such cases, what the Court should consider is whether the decision of the educational authority is arbitrary, unreasonable, mala fide and whether the decision contravenes any statutory or binding rule or ordinance and in doing so, the Court should show due regard to the opinion expressed by the authority. In Board of Secondary Education Vs. Pravas Ranjan Panda and Another (2004) 13 SCC 383, the respondent No.1, i.e., Pravas Ranjan Panda appeared in the High School Certificate Examination, 2003 as a regular candidate. He passed the said examination securing about 90% marks. He filed a Writ Petition under Article 226 of the Constitution alleging that he had answered all the questions correctly without committing any mistake and, therefore, deserved full marks in each paper, but due to carelessness and negligence of the Board in appointing inexperienced and unqualified examiners in certain papers, low marks had been awarded to him due to which he lost his chance of being within the first ten examinees in the HSC Examination, 2003. A prayer was made for re-evaluation of his answer book. The High Court disposed of the petition with a direction to the Board to scrutinize and recheck the answer scripts of examinees securing 90% and above marks in aggregate in HSC Examination 2003 and if there was any change or variation in the marks the petitioner should be informed accordingly. The candidates secured less than 90% of marks in aggregate who had applied for rechecking and readdition of marks in certain answer papers had to be considered in accordance with the resolution of Board for rechecking of marks.

A review petition was subsequently filed by the Board wherein it was submitted that the Board shall face immense difficulties in scrutinizing and examining all answer sheets after publication of the results. It was also stated that 217 examinees had secured 90% and above marks in the examination and 27 examiners of the status of Chief Examiner would be required for re- examination of the answer books and some more examiners would be necessary to examine the subject of third language. However, the review petition was dismissed. In appeals the Supreme Court noticed that the High Court, though observed that the writ petitioner who had taken the examination was hardly a competent person to assess his own merit and on that basis claim re-evaluation of papers, but issued the aforesaid direction in order to eliminate the possibility of injustice on account of marginal variation in the marks. It was admitted before the Supreme Court that the regulation of the Board of Secondary education, Orissa did not make any provision of re-evaluation of answer books of the students. The Supreme Court was of the opinion that the question whether in absence of any provision to that effect an examinee is entitled to ask for re-evaluation of his answer books was examined by the Supreme Court in Pramod Kumar Srivastava Vs. Chairman, Bihar Public Service Commission (2004) 6 SCC 714. It was noticed by the Supreme Court that in the said decision it was held that in absence of rules providing for re- evaluation of answer books no direction should be issued because a direction for re-evaluation of the answer books would throw many problems and in the larger public interest such a direction must be avoided. Therefore, the Supreme Court expressed the opinion that the order of the High Court directing re-evaluation of the answer books of all the examinees securing 90% or above marks was clearly unsustainable in law and set aside the same. The above decision deals with the right of the student or candidate to claim re-examination/re-evaluation of his answer sheet and the power of the High Court to order revaluation of answer sheets. It does not deal with the power of the Board to order re-evaluation of answer books if factual scenario so demands. Award of marks by an examiner has to be fair and considering the fact that re-evaluation is not permissible under the Statute at the instance of candidate, the examiner has to be careful, cautious and has the duty to ensure that the answers are properly evaluated. Therefore, where the authorities find that award of marks by an examiner is not fair or that the examiner was not careful in evaluating the answer scripts re-evaluation may be found necessary. There may be several instances wherein re- evaluation of the answer scripts may be required to be ordered and this Court need not make an exhaustive catalogue of the same. However, if the authorities are of the opinion that re-evaluation of the answer scripts is necessary then the Court would be slow to substitute its own views for that of those who are expert in academic matters. Under the circumstances the plea advanced on behalf of the respondents that Vice-Chancellor of the N.T.R. University of Health, Sciences had no authority to order re-evaluation of the answer scripts, cannot be upheld. Therefore, this Court does not agree with the finding recorded by the Division Bench of the High Court that the Vice-Chancellor of the University had no power or jurisdiction to order the re-verification of answer scripts. However, the facts indicate that the Vice- Chancellor had exercised power to order re-verification of answer scripts under pressure and coercion from the students and their parents and not independently on merits. As noticed earlier, 436 students had merely demanded re-totalling of marks. If the Vice-Chancellor was of the opinion that revaluation of answer scripts was necessary, he should have directed revaluation of answer scripts of all 992 students who had failed and revaluation of answer scripts could not have been confined only to 436 students who had never applied for re-valuation of their answer script, but had applied only for re-totalling of their marks recorded on the answer scripts. From the record, it is evident that the University authorities including the Vice-Chancellor, did not at all go into the merits of the allegations made in the complaints/representations submitted by the parent's association for re-verification to find out whether there was any grain of truth in them. The record produced by the University does not give any indication of methodology adopted by the Committee for re-valuation. Moreover, the Members of the Committee appointed by the Vice-Chancellor for re-valuation of answer scripts had undertaken re-verification of 1082 answer scripts and completed re-verification in two days which itself indicates that the said re-valuation was not properly done and no credence could be given to the same. It is worth noticing that the decision of the Executive Council to cancel the result of the students on the basis of re- verification and giving an opportunity to the failed students to re-appear in the first year MBBS examination was approved by the Vice-Chancellor himself. Therefore, this Court is of the opinion that the Division Bench of the High Court was justified in upholding the decision of the Executive Council to cancel the result obtained on re- verification of answer scripts.