JUDGMENT : Petitioner sought following reliefs :- 1. Call for/direct the respondent University to produce the entire record pertaining to the revaluation of the answer scripts of the two subjects, viz, Taxation and Tax Planning Management (TTP) and Capital Market System (CMS) of the III Semester of her MBA course conducted by the Respondent University for perusal of this Hon. Court and also permit the petitioner to peruse the same by way of issuance of a writ in the nature of Mandamus or any other appropriate writ deemed fit. 2. Quash the impugned decision of the respondent University that there is no change in the marks of the petitioner even after revaluation by way of issuance of a writ in the nature of certiorari or any other appropriate writ deemed fit. 3. Issue consequential directions to the respondent University to re-evaluate the two answer scripts or to rewise the marks depending upon the nature of wrong by way of issuance of a writ in the nature of Mandamus or any other appropriate writ deemed fit. 4. Quash the condition in the impugned provision for revaluation which is contained in Ordinance No.71 of the Respondent University and reads that "the marks awarded in the paper by the two examiners vares from the marks given by the original examiner by more than 10% of the maximum marks in the paper by way of issuance of a writ in the nature of Certiorari or any other appropriate writ deemed fit. 5. Grand any other relief deemed fit in the facts and circumstances of the case, in the interest of justice. Case of the petitioner is that her answer script of the subject Taxation and Tax Planning Management was not properly valued by the examiner. The petitioner has pointed out various infirmities in the evaluation of the answer scripts. For example, it is stated that the second part of question No.1 is in 12 parts and except one, other answers were correct but the petitioner has been awarded zero marks, while she was entitled for 11 marks out of 12. Similar deformities have also been pointed out by the petitioner in respect of evaluation of petitioner's answer script in the Taxation and Tax Planning Management.
Similar deformities have also been pointed out by the petitioner in respect of evaluation of petitioner's answer script in the Taxation and Tax Planning Management. We have also gone through the answer script and we found that there is some substance in the contention of the petitioner but without expressing any definite opinion in the matter, we find it appropriate to direct the respondents to get the answer script of the petitioner revalued by an independent valuer. Though it is submitted by the counsel for the respondents that apart from initial valuation at the request of the petitioner, the answer scripts were got revalued from two other valuer but those have awarded less marks to the petitioner in comparison to the earlier evaluation of the answer script, but as stated hereinabove, we also found some infirmity in the evaluation of the answer script. The petitioner is a girl and because of some lapse on the part of the respondents, her career should not be ruined. If by proper valuation of the answer scripts, the petitioner gets 3 more marks, she will be declared pass. In view of the aforesaid, we find it appropriate to get the answer script of the petitioner revalued by an independent valuer. Accordingly, this petition is disposed of finally with the following directions:- 1. The respondents shall get revalued the answer script of the petitioner in the subject Taxation and Tax Planning Management by an independent valuer except the earlier valuers who examined the answer script of the petitioner at the time of initial valuation and at the time of revaluation. 2. The aforesaid exercise be done by the respondents within a period of 30 days from today and thereafter, the result of the petitioner shall be declared in accordance with the law. Considering the facts of the case there shall be no order as to costs.