filed seeking a writ of mandamus directing the respondents to re-valuate and re-total the Law Paper II (Registration No.10522) written ... seeking a writ of mandamus directing the respondent authorities to re-valuate and re-total the Law Paper II which is written by the petitioner
secured only 23 marks in Mathematics and after re-valuation she was awarded 35 marks. She has passed M.B.B.S. Examination ... obtained passing marks in the subjects in question, but, after re-valuation they were declared as passed by virtue of the additional marks given
arises whether even if there is no legal right to demand re-valuation as of right could there arise circumstances which leave the Court ... case may arise where even though there is no provision for re-valuation it turns out that despite giving the correct answer no marks
list was restricted to five times the number of vacancies. Post
re-valuation, 2382 candidates were found qualified. 247 candidates,
who were earlier disqualified ... belonged to the Scheduled Caste category. On the basis of
the re-valuation, the revised cut-off marks in the written test was
increased from
that
there is no legal right to claim or ask for re-valuation in
the absence of any provision for re-valuation.
Undoubtedly, there ... jurisdiction under Article 226 of the Constitution to
direct re-valuation? It is true that the right to seek a writ
of mandamus is based
arises whether even if there is no legal right to demand re-valuation as of right could there arise circumstances which leave the Court ... case may arise where even though there is no provision for re-valuation it turns out that despite giving the correct answer no marks
Rules does not entitle a student to seek re-Valuation.
(b) Where the rules do not provide for revaluation, the High Court will
not normally ... perceptional differences in
assessment can not be a ground for re-valuation. Different examiners
may evaluate the same answers differently resulting in lesser or higher
provision contained in clause-4.5 of the academic regulation,
re-valuation of any subject of special examination is not
permissible. Since the petitioner appeared ... special
examination, question of re-valuation does not arise though
such plea is not canvassed in the counter affidavit save and
except stating that
said request need not be construed as re-valuation, as question No.4 was not at all evaluated by the Examiner. The learned counsel further ... said answer, whether this Court can order re-valuation of the said answer to question No.4 is the question to be answered
that at least the University should have a fair system for re-valuation. The current system of re-valuation that the University has, according ... also arbitrary.
16. It appears that whenever a student seeks re-valuation, he must first apply for viewing the written answer book, after paying
