KANIKA GROVER & ORS vs. UNIVERSITY OF DELHI

Case Type: Writ Petition Civil

Date of Judgment: 25-01-2016

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Full Judgment Text

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 550/2016 & CM APPL. 2219/2016

KANIKA GROVER & ORS ..... Petitioners
Through: Mr. Vijay Singla, Advocate with
Mr. Birender Sangwan, Advocate.

versus

UNIVERSITY OF DELHI ..... Respondent
Through: Mr. Amit Bansal, Advocate with
Ms. Seema Dolo and Mr. Akhil
Kulsheshtra, Advocates.

th
% Date of Decision : 25 January, 2016

CORAM:
HON'BLE MR. JUSTICE MANMOHAN

J U D G M E N T
MANMOHAN, J: (Oral)

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
rd
days stipulated in the Notification dated 03 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
W.P.(C) 550/2016 Page 1 of 3




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
rd
the present case involves interpretation of the Notification dated 03 May,
rd
2012. The relevant portion of the Notification dated 03 May, 2012 is
reproduced hereinbelow:-
Sr.<br>No.Type of FacilityTime ScheduleFees
1<br>.Submission of<br>application for<br>Revaluation of<br>Answer-Script.Within 15 days of<br>the date of<br>uploading of result<br>on University<br>website.Rs.1000/-<br>per paper.
2<br>.Submission of<br>application for<br>Rechecking of<br>Answer-ScriptWithin 15 days of<br>the date of<br>uploading of<br>results on<br>University<br>website.*Rs.750/-<br>per paper
3<br>.Submission of<br>application for copy<br>of evaluated<br>Answer-ScriptBetween 61st to<br>75th day of<br>uploading of<br>results on<br>University<br>website.**Rs.750/-<br>per paper


Examination office will endeavour to re-valuate/recheck *
the scripts within 45 days of receipt of request.

W.P.(C) 550/2016 Page 2 of 3




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. 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.

MANMOHAN, J
JANUARY 25, 2016
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W.P.(C) 550/2016 Page 3 of 3