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2005 Supreme(Del) 334

High Court Of Delhi
GUNJAN VERMA - Appellant
Versus
VICE CHANCELLOR - Respondent
CRL.A. : 963 of 2005
Decided On : 03/10/2005

Advocates Appeared:
ALOK SINHA, Anurag Mathur, K.J.S.Kaha, Shayur M.Shah

The main legal point established in the judgment is that a party can only be granted relief permitted by statute or delegated legislation. The court emphasized the importance of adhering to the rules governing rechecking and revaluation, and the petitioner's declaration to be bound by the revaluation results.

Headnote:

Revaluation - Student's Marks - Delhi University Act - Rule 2, Rule 4 - The court discussed the rules governing rechecking and revaluation of answer scripts, emphasizing the limitations and procedures outlined in the rules. The court highlighted the petitioner's awareness of the rules and her declaration to be bound by the revaluation results. The court also noted the respondents' compliance with the rules and their sympathetic view in permitting the petitioner to scrutinize her answer sheets.

Fact of the Case:

The petitioner, a student of Delhi University, challenged the revaluation of her answer scripts in the B. Sc. Second Year Examination, claiming discrepancies in the marks awarded to her. She sought various reliefs, including disclosure of her marks and appointment of an independent person to verify the marks. The respondents contended that the relief sought was not permissible under the Delhi University Act, Statutes, Ordnances, and Examination Rules.

Finding of the Court:

The court found that the relief claimed by the petitioner was beyond the legal provisions and applicable rules, emphasizing the petitioner's awareness of the rules and her declaration to be bound by the revaluation results. The court dismissed the writ petition, stating that the petitioner was not entitled to the relief sought.

Issues: The main issue revolved around the petitioner's challenge to the revaluation of her answer scripts and her request for disclosure of marks, which the respondents argued was not permissible under the applicable rules.

Ratio Decidendi: The court emphasized that a party can only be granted relief permitted by statute or delegated legislation. It highlighted the rules governing rechecking and revaluation, the petitioner's awareness of these rules, and her declaration to be bound by the revaluation results. The court also noted the respondents' compliance with the rules and their sympathetic view in permitting the petitioner to scrutinize her answer sheets.

Final Decision: The court dismissed the writ petition, stating that the relief claimed by the petitioner was beyond legal provisions and applicable rules, and therefore, she was not entitled to the relief sought.

GITA MITTAL, J.

( 1 ). THIS writ petition has been filed by a student of the Delhi University impugning the manner in which the revaluation was effected by the respondents of her answer scripts in the B. Se. Second Year Examination. The petitioner has made the following prayers in the present writ petition :- "a) issue a writ of mandamus or any other writ, order or direction in the nature thereof for disclosing the marks of petitioner and to verify whether the marks have been correctly recorded against the roll number of the petitioner. b) in the alternative, to issue an appropriate writ, order or direction for appointment of an independent person or committee to verify whether the marks haves correctly been given and recorded against he roll number of the petitioner, within a given time frame; c) issue an appropriate writ, order or direction including writ in the nature of mandamus for calling of the records from the Respondents ; and d) issue an appropriate writ, order or direction including writ in the nature of Mandamus directing the Respondents to allow the petitioner to attend the classes for B. Sc. (Hons)-III and to provisionally appear in the annual examination conducted by the university, pending the disposal of the writ. "

( 2 ) THE petitioner has sought the aforestated reliefs on the plea that after a meritorious record in her school and having passed her All India Secondary examination from the St. Xaviers School in Delhi with 82. 5% marks, she was granted admission in the B. Sc (Hon.) Electronics Course being conducted by the Khalsa college which is affiliated and recognised by the Delhi University. It is claimed that the petitioner maintained a brilliant track record and scored 63. 50% marks in the first year examination. According to the petitioner she was regular even in her academic year and had taken B. Sc (Hon.) Part II examination after full preparation giving satisfactory answers to all questions in all the papers of the subject course. However to her shock, when the result was declared on the 15th July, 2004, the petitioner was informed that she had failed in five subjects of the second year and had obtained barely passing marks in the remaining subjects.

( 3 ) AS the petitioner apprehended some error in the result which was declared in respect of her examination, the petitioner submitted an application dated 15th July, 2004 with a recommendation of the respondent no 5, Principal of the khalsa College seeking rechecking of her result in the prescribed proforma. The petitioner was not satisfied with the rechecking. Consequently she made representations dated 21st September, 2004/19th November, 2004 and 22nd november, 2004 stating that the petitioner believed that her answer scripts might have been exchanged with somebody else or that her marks were wrongly transferred to somebody else due to some technical glitch.

( 4 ) BASED on information given by the officials of the Delhi University, the petitioner claims that she also applied for revaluation of all her answer scripts from papers bearing code no. 2. 1 to 2. 7. The result of the revaluation were declared in november, 2004 when the petitioner was informed that the position remained the same so far as her result was concerned. Under these circumstances, the petitioner is stated to have requested the Controller of Examination, respondent no. 2 to give her an opportunity to look at her examination scripts and the marks obtained vide her letter dated 22nd November, 2004. In view of the apprehensions expressed, the respondent no. 2 had permit the petitioner to see her own answer sheets. According to the petitioner, the marks given to her answers were concealed by brown stickers. On her request to permit her to see her marks, she was informed that the same could not be done as these stickers had been fixed in order to maintain secrecy for the purposes of revaluation. The petitioner submits that as per the results declared upon revaluation she was declared as ha






















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