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2002 DIGILAW 1562 (RAJ)

Narpat Singh Gehlot v. JNV University, Jodhpur

2002-09-09

JAGAT SINGH

body2002
JUDGMENT 1. - Heard learned counsel for the parties. 2. Petitioner appeared in M.A. Final Political Science Examination of the year 2002 held by the Jai Narain Vyas University, Jodhpur as private student. His Roll number was 1239. His results were declared on 4.6.2002. However, mark sheet Anx. 1 was sent to him by ordinary post on 25.6.2002 which was received by the petitioner on 20.7.2002 and from that date within 21 days he applied for reevaluation in paper 1st and IInd vide Anex. 3 after depositing necessary fees. The prayer of the petitioner was rejected vide Anx. 4 dated 26.7.2002. Hence this petition. 3. The submissions of the learned counsel for the petitioner are that even if the result may have been declared on 4.6.2002, however, upon receipt of mark sheet the petitioner came to know in which subject he was secured less than he expected and as soon he received the mark sheet he applied within the prescribed period. 4. On the contrary submissions of the learned counsel for the respondent are that reevaluation can be requested within 21 days of declaration of the result. The petitioner was expected to collect his mark sheet from the university himself failing which the same was sent by ordinary post despatched from the university on 25.6.2002 and if the letter was delivered belatedly by the post office to the petitioner the respondent cannot be held responsible for it. 5. I have carefully considered the rival submissions made at the Bar. 6. It is submitted that reevaluation is still in progress and results have not been declared. Though the learned counsel for the respondent has pleaded ignorance, however, keeping in view the fact that the mark sheet was despatched on 25.6.2002 and also that the rule of submitting application for reevaluation within 21 days should be interpreted liberally in order to advance justice. 7. Consequently, there is merit in this petition. The same sands accepted. The respondents are directed to reevaluate paper 1st and IInd of the petitioner and declare the result at an early date.Writ Petition Allowed. *******