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2016 DIGILAW 412 (DEL)

KANIKA GROVER v. UNIVERSITY OF DELHI

2016-01-25

MANMOHAN

body2016
JUDGMENT : MANMOHAN, J. 1. Present writ petition has been filed seeking a direction to the respondent to issue copies of the answer scripts to the petitioners. 2. Learned counsel for petitioners states that as there was delay in revaluation of the answer scripts by the respondent beyond the period of 45 days stipulated in the Notification dated 03rd May, 2012 , the petitioners could not apply for copies of their answer scripts within the time frame prescribed in the said Notification. 3. On the other hand, Mr. Amit Bansal, learned counsel for respondent states that there is no mandatory time frame prescribed for revaluation/re-checking of the answer scripts. He submits that an application for copy of the answer scripts could have been applied for by the petitioners without waiting for declaration of the revaluation result. 4. Having heard learned counsel for parties, this Court is of the view that the present case involves interpretation of the Notification dated 03rd May, 2012. The relevant portion of the Notification dated 03rd May, 2012 is reproduced herein-below:- “3. in approving on 16.03.2012 the following facility of Revaluation/Rechecking, supply of evaluated answer-scripts for the examinations conducted by University of Delhi. Sr. No. Type of Facility Time Schedule Fees 1. Submission of application for Revaluation of Answer-Script. Within 15 days of the date of uploading of result on University website. Rs.1000/- per paper. 2. Submission of application for Rechecking of Answer-Script Within 15 days of the date of uploading of results on University website.* Rs.750/- per paper 3. Submission of application for copy of evaluated Answer-Script Between 61st to 75th day of uploading of results on University website.** Rs.750/- per paper * Examination office will endeavour to re-valuate/recheck the scripts within 45 days of receipt of request. ** Examination office will endeavour to provide copy of Answer-Script within 30 days of submission of application. The student is required to collect the copy of the evaluated answer script within a period of 15 days of the date of intimation of availability of the script on the University website.” 5. In the opinion of this Court, there is no mandatory time frame fixed for completion of revaluation/re-checking of the answer scripts. The Notification only states that an endeavour would be made to revaluate/re-check the answer scripts within 45 days of receipt of the request. 6. In the opinion of this Court, there is no mandatory time frame fixed for completion of revaluation/re-checking of the answer scripts. The Notification only states that an endeavour would be made to revaluate/re-check the answer scripts within 45 days of receipt of the request. 6. This Court is in agreement with the submission of learned counsel for respondent that an application for copy of the answer script has no connection or relevance to the revaluation result. The remedies for revaluation and copies of answer scripts are independent remedies and the petitioners need not have waited for revaluation result before applying for copies of the answer scripts. 7. However, keeping in view the peculiar facts of this case, this Court is of the opinion that in the event the respondent still has copies of the answer scripts of the petitioners, the same be released to them within a period of two weeks. With the aforesaid directions, present writ petition and application stand disposed of.