JUDGMENT

B.R. Sarangi, J.

1. The petitioner, who completed 8th Semester in Electrical Electronic Engineering Branch bearing registration No. 0901289371 of 2009-13 Batch of Biju Pattnaik University of Technology has filed this writ petition seeking following relief:

“To direct the opposite parties to produce the answer scripts in Electro Magnetic Fields and waves paper of the petitioner who appeared in 4th Semester (Special/Back) Examination, 2012-2013 vide University registration No. 0901289371 of 2009-13, for kind perusal. Declare the clause – This facility is, however, not available for special examinations of para-12.0 (a) of the academic regulation of BPUT as ultra vires. Direct the university authorities to award appropriate marks to the petitioner against the unevaluated questions and give grace mark against out of course question and also full marks against correct answer as more fully described in the foregoing paras and Pass appropriate order against the university authorities awarding exemplary cost and compensation for putting the petitioner under undue mental agony and harassment.”

2. The short facts of the case in hand are that the petitioner, who was prosecuting his studies in Electrical Electronic Engineering Branch under Biju Pattnaik University of Technology could not be successful in securing pass marks in Electro Magnetic Fields of Web subject of the 4th semester and as a result, he had to appear in the 4th Semester (Special/Back) Examination, 2012-13. The examination was held on 20th March, 2014 and result thereof was declared in the month of June, 2014. The petitioner was awarded less marks and declared fail once again though he did well in the examination and was expecting pass in the examination with good marks. However, having applied for xerox copies of the answer sheets and on receipt of the same, he came to know that his answer to question no. 1(i) was not evaluated at all, although he had given correct answer to the said question. That apart, in respect of question No.1(b) although he had answered correctly. zero was assigned against that answer. Similarly, against question No.1(g), question No.7(b) and question No.8(b), which were numerical questions, he was awarded one mark less than the pass mark although question of awarding less mark to such answer was not permissible for the reason that the question mostly required a student to enter a number for the answer. The question might also require a student to enter units or to specify the correct number of significant figures, which means always a correct answer carrying full mark or no mark in the event it is wrong. Besides the above, although grace mark of 5 was awarded as against question no. 2(a) in favour of all the candidates by taking into account the fact that the same was set out of syllabus, the petitioner had been deprived of that without any rhyme or reason. As a result of all the aforesaid illegalities and erroneous evaluation, he was awarded 21 marks in toto as against the required pass mark of 25 in the paper. Therefore, the petitioner submitted an application to the authority concerned for recounting/rechecking of the said paper in his own institute, namely, Trident Academy of Technology. While the petitioners application was recommended to the university, the institution submitted its own recommendation pointing out the error in evaluating the answer sheets of the petitioner and assessed the answer script of the petitioner to be awarded 27 marks instead of 21 marks and such recommendation was made on 01.07.2014. It is alleged that till date no action has been taken by the university nor has any intimation been issued in that respect. Hence, this writ petition.

3. Mr. T. Rath, learned counsel for the petitioner, strenuously urged the inaction of the university authorities in not evaluating and awarding the marks in the subject Electro Magnetic Fields of Web and submitted that there was inaction of opposite parties 1 and 2 in re-totali