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1996 Supreme(AP) 575

Andhra Pradesh High Court
Judges : P.S.MISHRA, S.S.HUSSAINI
M.Lavanya Dutt - Appellant
Versus
Jawaharlal Nehru Technological university, Hyderabad - Respondent
Decided On : 07-09-96

Examiners are expected to evaluate the answer given by the students with such objectivity and clarity that no one develops any doubt about the correctness of the assessment.

Headnote:

FINE ARTS EXAMINATION - AWARDING OF ZERO MARKS - RE-EVALUATION - MALA FIDE - REGULATIONS OF THE UNIVERSITY - RE-VALUATION NOT PERMITTED - VAST EXPERIENCE AND SPECIALIZATION OF THE EXAMINER - STANDARD OF EVALUATION - OBJECTIVE AND CLEAR ASSESSMENT - NO TWO EXAMINERS CAN APPLY TWO DIFFERENT STANDARDS - INJUSTICE - LOSS SUFFERED BY THE PETITIONER-APPELLANT - UNIVERSITY TO DECLARE HER RESULT AND PERMIT HER TO PURSUE HIGHER STUDIES - NO FURTHER INJURY TO BE INFLICTED.

Fact of the Case:

The petitioner, a student of B.F.A. Xth Semester examination, was awarded zero marks in the external paper (work) in composition by the respondent-University. She challenged the assessment, alleging mala fides and seeking re-evaluation. The single Judge dismissed her petition, finding that the examiner's assessment was not demonstrably wrong or vitiated by extraneous considerations.

Finding of the Court:

The court appointed another examiner to assess the petitioner's composition, who awarded her 32 marks out of 60. The court found that the petitioner had been wrongly assessed for zero marks and thus wrongly declared to be failed.

Issues: 1. Whether the awarding of zero marks to the petitioner was justified. 2. Whether the regulations of the university permit re-valuation. 3. Whether the vast experience and specialization of the examiner can be equated with that of the re-valuator.

Ratio Decidendi: 1. The court held that the petitioner had been wrongly assessed for zero marks and thus wrongly declared to be failed. 2. The court noted that the regulations of the university do not permit re-valuation, but held that the instant case was not a case of re-valuation but a case of assessment of merit which apparently was not done by the examiner at all. 3. The court held that no two examiners can apply two different standards and evaluate answers of the students in accordance with their own set standards.

Final Decision: The court allowed the appeal, set aside the impugned judgment, and directed the respondents to publish the petitioner-appellant's result with 32 marks in composition (painting) in the Xth Semester of Bachelor of Fine Arts course (Painting course). The writ petition was accordingly allowed with costs.

CHIEF JUSTICE, J.

( 1 )

( 2 ) THE instant appeal under Clause 15 of the Letters Patent is brought before the Court by a student who has appeared in B. F. A. Xth Semester examination and has been declared unsuccessful by the respondent- University as she has been awarded zero marks in the external paper (work) in composition . Her petition under Article 226 of the Constitution of India has failed before this court as learned single Judge has found by comparison with the work of the other students as follows:"now, the only question to be decided by this Court is whether the 4th respondent herein is justified in awarding zero marks to the petitioner in composition subject i. e. , painting. The question paper gave several options to the pupils to depict a painting including summer or winter season under Item No. 3. The petitioner was summoned to the Court on 1-9-1995 and she identified the painting drawn by her in the open Court. She stated that she has depicted summer season. A look at the picture drawn by the petitioner will reveal that by any means the petitioner has not depicted summer season. Except depicting a male and female in colour in a love making posture, there is no reference at all to any of the basic features of a summer season in that painting. On being questioned, the petitioner says that depiction of male without a shirt and colour pattern indicates summer. But to the naked eye, neither head nor tail of a summer could be made out in the portrait. The learned counsel for the petitioner contended that a lay man may not be able to see summer in the said painting and only experts will be able to identify the features. Stating so, the learned counsel requested that the portriat may be sent to another expert to meet the ends of justice. Though I am not convinced of the argument advanced by the learned counsel for the petitioner, with a view to dispel the doubts in his mind on the portrait, I summoned some of the paintings wherein summer was depicted by other students who sat for the examination along with the petitioner. On a comparison of these paintings with that of the petitioner, I am of the view that the painting need not be sent to another external examiner as requested by the learned counsel for the petitioner as I am thoroughly satisfied that the basic feature like sunshine, fatigue or sweating of the human beings depicted in the portrait drawn by the petitioner are not at all there. Secondly, it is not the case of the petitioner that she is an expert in the subject and the hidden inferences to hold the view that the painting is summer cannot be noticed by a lay man. The petitioner is only at the threshold of learning painting. On being questioned, except stating the above two reasons, she could not give any other reason in support of her contention. These two features cannot lead to the conclusion that the painting is summer. Nextly, the scope of Judicial review being very limited, the Court can neither make a roaming inquiry to find out the hidden intentions of the petitioner nor act as an appellate authority. Unless the Court comes to the conclusion that the view of the expert is demonstrably wrong or vitiated by extraneous consideration, this Court will not interfere with the reasoning of the examiner who is an expert in the subject. "

( 3 ) IN course of the hearing of the writ petition, however, before the learned single Judge, allegations as to mala fides against respondents 2 to 5 were withdrawn and the cause was limited to the extent-whether awarding zero marks to a student, who otherwise has secured 95% marks in the same subject of Arts, by the external examiner for her composition summer season is reasonable and legal. Before us as well as before the learned single Judge, the pleadings for appreciation have been stated, which are as follows:"i submit that the said Lecturer as well as the second respondent who are close to each other gained an impression that I was the person instrumental in e





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