The High Court disposed of a writ petition seeking directions to produce an original answer key and re-examine a university examination paper. The Court found no ground for mandamus as the petitioner had an alternative remedy under the RTI Act.
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Court No. - 54
Case :- WRIT - C No. - 39815 of 2019
Petitioner :- Alok Singh Chauhan Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Ramesh Chandra Agrahari,Hardev Singh
Counsel for Respondent :- A.S.G.I.,Prabhat Tripathi
Hon'ble Rajiv Joshi,J.
Memo of appearance filed by Shri Jitendra Prasad Mishra, Advocate on behalf of respondent No.1 and Vakalatnama filed by Shri Arun Kumar Tripathi, Advocate on behalf of respondent Nos.2 & 3 are taken on record.
Heard learned counsel for the petitioner, Shri Jitendra Prasad Mishra, learned counsel for the Union of India, respondent No.1 and Shri Arun Kumar Tripathi, learned counsel for the respondent Nos.2 & 3.
Present Writ Petition under Article 226 of the Constitution of India has been filed seeking direction in the nature of mandamus directing the Examination Controller, Allahabad University, Allahabad, respondent No.3 to produce the original answer key of the subject Philosophy second paper of second examination 2019 of B.A. Part II of the petitioner and further direct to re-examine the same from any independent Professor.
Learned counsel for the University submits that the petitioner has an alternative remedy to approach the University for seeing the copies under the RTI Act and further there is no provision for rechecking of the copies by independent agencies under the Statute of the University.
Under these circumstances, no ground is made out for issuance of any direction to the University for production of original answer key of the subject Philosophy second paper of second examination 2019 of B.A. Part II of the petitioner. However, it is left open to the petitioner to apply for seeing the answer key/copies of the Philosophy second paper of second examination 2019 of B.A. Part II under the RTI Act.
The Writ Petition is, accordingly, disposed of.
Order Date :- 11.12.2019 T. Sinha
2 issues framed by the court
Whether there is a ground to direct the University to produce the original answer key and re-examine it via an independent professor.
Whether the petitioner is entitled to issue a writ of mandamus directing the University to produce answer key copies under the said provisions.
1 provisions across 1 enactments
Alok Singh Chauhan
Union of India
[Unnamed Respondent]
Examination Controller, Allahabad University
Rajiv Joshi
As recorded by the court registry
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