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2018 Supreme(Raj) 1334

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR
NIRMALJIT KAUR, J.
Sunil Sharma & Anr. - Petitioners
Versus
State of Rajasthan & Anr. - Respondents
S.B. Civil Writ Petition Nos. 4172, 3727, 3889, 4174, 4176, 4234, 4240, 4424, 4679 and 4722 of 2018
Decided On : 08-05-2018

Advocates Appeared:
For the Petitioners: B.S. Sandhu, Rajat Arora, J.R. Chawel, Kaushal Gautam & N.K. Sharma.
For the Respondents: K.L. Thakur, A.A.G. with Mayank Rankawat, B.P. Bohra & D.D. Chitlangi.

Headnote:

Academic matters—Re-evaluation of answer books—Petitioners are students of IInd & IIIrd year of Three years law course—Large scale un-precedent failure of even some of the brightest students—Answer books were alleged to have been checked in arbitrary and casual manner—Found serious irregularity and discrepancies—Ordered to constitute a committee of experts—Opined to get re-checked by subject experts—Held—The wrong is unforgivable—Playing with the career of the students has shaken faith in educational system—Directed to probe into the whole episode and submit report within six months—Allowed to appear as ex-student along with supplementary examinations.

JUDGMENT :

NIRMALJIT KAUR, J.

1. All the above mentioned writ petitions shall stand decided by this common order as the issue involved is identical.

2. Some of the writ petitions have been filed by the petitioners who are undergoing studies of second year of Three Years Law Course while the other petitions have been filed by the petitioners who are undergoing studies of third year of Three Years Law Course in different colleges affiliated with the respondent—Maharaja Ganga Singh University, Bikaner.

3. By way of a common prayer, a direction is sought to reevaluate the answer books of the petitioners properly and award the marks accordingly with a further prayer that they should be allowed to appear in the examination of third year of the Three Years Law Course. The petitioners, who are students of the different Law Colleges affiliated with the respondent—University undergoing Three Years Law Course, are aggrieved by the utmost casual and lackluster manner in checking their answer books of the Supplementary Examination, 2017 of various subjects. The petitioners are students of second and third year of the Three Years Law Course. They are pursuing their legal studies from the colleges such as S.B.S. Law College, Sri Ganganagar, M.D. College, Sri Ganganagar and N.M. Law P.G. College, Hanumangarh Town, Rajasthan etc., which are affiliated with the respondent—University.

4. For convenience, the facts are being taken from S.B. Civil Writ Petition No. 3727/2018.

5. The petitioners-students have successfully completed first year of the Three Years Law Course in the year 2016 and were given admission in the second year of the Three Year Law Course. After pursuing the studies of the second year, their examinations were held in the month of March—April, 2017. The petitioners appeared in the said examination and their result was declared in the month of June—July, 2017. Unfortunately, all the petitioners were declared to be failed and they were expected to appear in the supplementary examination of second year in the respective subjects, in which they could not obtain the minimum passing marks. The petitioners did not seek revaluation held by the respondent—University and accordingly, filled their form for taking the Supplementary Examination, 2017 of second year in the respective subjects, in which they had failed and meanwhile, they were also allowed to take admission in the third year of the Three Year Law Course as per the rules applicable. While they were undertaking their studies of third year, the date for supplementary examination of second year was declared and all the petitioners appeared in the said supplementary examination held in the month of September—October, 2017. The result of the said supplementary examination was declared by the respondent—University. Once again, they were declared ‘fail’. Being aggrieved of the said result, the petitioners opted for revaluation of their answer books and submitted the requisite fees for revaluation. The respondent—University after carrying out the revaluation process again declared the result of the revaluation in the month of December, 2017. However, to their dismay, all the petitioners were declared as fail in their respective subjects in the supplementary examination. Since 85% of the petitioners had failed, they approached their respective college authorities for redressal of their grievance. There was a strike in the respondent—University on account of a large scale un-precedent failure of even some of the brightest students. It was claimed by the students that their answer-books have not been checked properly. An apprehension was expressed that the respondent—University had failed to exercise proper diligence while checking the answer-books of their supplementary examination. When every effort of theirs failed to move the authorities of the respondent—University and after almost a weeks' long strike, the petitioners and the likes were advised to ask for the copies of the supplementary
























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