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1998 DIGILAW 210 (RAJ)

Law College Students, Faculty of Law, Rajasthan University, Jaipur v. University of Rajasthan, Jaipur

1998-02-12

ARUN MADAN, R.P.SAXENA

body1998
JUDGMENT 1. - A letter was received from the law college students, Jaipur by post addressed to Hon'ble Chief Justice of the Rajasthan High Court, Jaipur Bench Jaipur on 3rd December, 1997 containing the request made on behalf of the students studying in Faculty of Law, University of Rajasthan, Jaipur to the effect that the University Ordinance/Rules are silent as regards the time limit within which University authority should declare the result of revaluation/rechecking of answer books and as a result, those aggrieved students who apply for revaluation of their answer books in accordance with Ordinance 157 of the Hand-book of the University of Rajasthan Part II Volume II Jaipur do not get the communication of their results on revaluation within time which causes great hurdle in their academic career. Consequently they have sought direction from this court to the University authority regarding fixation of time limit within which results of the affected students on revaluation should be declared and communicated by pasting the same on the notice board of the university in addition to personal communication to the concerned student by post. 2. The aforesaid letter petition received from the law college students was treated as Public Interest Litigation on orders by Hon'ble the Chief Justice of this court and this is how the matter has come up for hearing before us. On 17/12/1997 Mr. Dalip Singh who was present in the court was directed to accept notice on behalf of respondent-University when he sought time to seek necessary instructions from the University in the matter. Thereafter on 12/01/1998 when the matter came up for hearing again before us learned counsel for the University sought further adjournment for filing reply which was accordingly granted to him. Subsequently on 05/02/1998 when the matter was again taken up no reply had been received by the registry of this court on behalf of the respondent-University. Consequently Shri Dalip Singh learned counsel was heard on the matter. It was contended by Shri Dalip Singh that respondent University shall be bound to declare the result of the revaluation within reasonable time limit say within 90 days from the date of submission of the application for revaluation and shall also convey the same to the concerned student/students on appropriate directions being issued by this court. 3. It was contended by Shri Dalip Singh that respondent University shall be bound to declare the result of the revaluation within reasonable time limit say within 90 days from the date of submission of the application for revaluation and shall also convey the same to the concerned student/students on appropriate directions being issued by this court. 3. During the course of hearing it was not disputed by the learned counsel for the respondent-University that Ordinance 157 of the University Hand-Book does not contain any fixed time limit as regards the declaration of result of the affected students on revaluation which obviously is causing great inconvenience to the students. 4. We have heard learned counsel at length and also perused the relevant provisions of the University Hand-Book. 5. Ordinance 157 & 157-A of the Rajasthan University Hand-Book Part II Volume II which deals with the procedure as regards revaluation of the answer books of the students provide as under:- "O. 157(1) Any candidate who has appeared at an examination conducted by the University may apply to the Registrar for the scrutiny of his marks and the re-checking of his result. Such applications must be made so as to reach the Registrar within one month from the date of the declaration of the result by the University. O.157-A (5) The process of revaluation includes scrutiny of marks and re-checking of result and, therefore, it will not be necessary for a candidate applying for revaluation of his answer book(s) to apply for scrutiny of marks of the paper(s) for which he has applied for revaluation. But, if a candidate wants his marks of any other paper(s) also to be scrutinised, he shall apply for the same separately in accordance with the provisions of Ordinance 157. In such a case if the marks of the candidate in any paper(s) are increased as a result of scrutiny, and thereafter, he does not want his answer books to be revalued or he wants revaluation of some paper(s) other than the one for which he originally applied for he will be permitted to withdraw his application for revaluation (in which case his fee will be refunded) or to amend the same provided his request to that affect is received by the University within 15 days of the date of despatch of the scrutiny result." 6. From the perusal of the above provisions it is apparent that they do not contain any fixed time limit as regards the declaration of the result of student who apply for revaluation of their answer books and as consequence of which those examiners to whom the answer books are marked by the University authority for revaluation/re-checking of the same take unreasonable time in communicating the same. This obviously is an arbitrary and unreasonable approach adopted by the University which is resulting in gross injustice to the aggrieved students whose academic career as consequence of the same is adversely affected. We are further of the view that those students who are awaiting for declaration of the result(s) of revaluation of their answer books adversely suffer because they are not able to seek admission in next higher classes or those students who are interested for seeking employment are also not applying for the same within time, thus adversely affecting their academic career. Such an action cannot be sustained in the eyes of the law and we are, therefore, of the considered view that some fixed time limit must be laid down for declaration of the result of revaluation/re-checking of answer books of those students, who apply for the same on deposit of requisite prescribed fee under the Rules and the examiner, who is appointed by the Vice- Chancellor from the panel of names recommended by the committee for selection of examiners as per rule (7) of Ordinance 157-A of the University Hand-Book, it should be made binding on him to declare the result of such students within stipulated period of 60 days from the date of receipt of application of the students applying for revaluation/re-checking of concerned answers sheets as against the papers applied for. 7. As a result of the above discussion, we are of the view that the Rule making authority of the Rajasthan University, Jaipur shall convene an emergent meeting of the University syndicate/council to formulate a Rule by issuing an appropriate Notification amending Ordinance 157 of the University Hand-Book Part II Volume II in the following manner:- "Any candidate who has appeared at an examination conducted by the University may apply to the Registrar for the scrutiny of his marks and revaluation/re-checking of his result. Such an application shall be made so as to reach the Registrar of the University within 30 days from the date of declaration of the result by the University, thereafter the University shall within 60 days declare the result of the concerned student who has applied for revaluation/re-checking of his answer books subject to deposit of requisite fee within time as stipulated in Ordinance 157 of the University Hand-Book." 8. In view of the above discussion, the writ petition is allowed and finally disposed of.Petition allowed. *******