In a contempt petition regarding alleged willful disobedience of an order mandating re-evaluation of the petitioner's B.Ed. examination answer scripts, the High Court held that the respondents complied with the directive. The court dismissed the petition as devoid of merit upon verification of evidence submitted by the university.
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GAHC010077692019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C) 207/2019
1:SAMATA BALA SARKAR
W/O. SRI UMESH CHANDRA ROY, R/O. NOKHOLA GRANT, P.S. JAGIROAD, DIST. MORIGAON, ASSAM-782410.
VERSUS
1:MRIDUL HAZARIKA AND ANR.
VICE CHANCELLOR, GUWAHATI UNIVERSITY, P.O. GUWAHATI UNIVERSITY, PIN-781014.
2:DHRUBAJYOTI CHOUDHURY CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY P.O. GUWAHATI UNIVERSITY PIN-781014
Advocate for the Petitioner : MR. D C C PHUKAN
Advocate for the Respondent : MS. P BARMAN (SC, G.U.)
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
03-06-2019
Heard Mr. D. C. C. Phukan, learned counsel for the petitioner and Ms. P. Barman, learned counsel for the respondent/contemnor Nos. 1 and 2.
Matter relates to willful disobedience of the order of the Court dated 18.04.2018,
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passed in WP(C) No.5513/2016.
Learned counsel for the respondents/contemnors has submitted that pursuant to the order dated 18.04.2018, noted above, respondent University re-evaluated the answer scripts of the petitioner’s B.Ed. Examination of 2014 (old course) held during August, 2014 in which she appeared with Roll No.1812/2014 and on 15.05.2018 vide No.2581, the said University communicated the re-evaluated marks of her said B.Ed. Examination.
Ms. Barman, learned counsel for the Gauhati University have placed the copy of the relevant note sheet pertaining to re-scrutiny of answer scripts of B.Ed. (old course) held in August, 2014 duly endorsed by the Controller of Examination, Gauhati University on 25.04.2019 as well as the copy of the relevant page of the Issue Register of the Gauhati University, which too is endorsed by the Controller of Examination, Gauhati University on 25.04.2019.
The re-scrutiny of the answer scripts of the petitioners B.Ed. (old course) held in August, 2014 reflects that after such re-evaluation of her answer scripts the petitioner obtained 31 marks in her first paper and 29 marks in her fourth paper.
As the respondents contemnors have already complied with the order dated 18.04.2018, passed in PW(C) No.5513/2016, this Court does not find any willful disobedience on the part of the respondents/contemnors and accordingly, this contempt petition being devoid of merit stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the respondents have willfully disobeyed the court order dated 18.04.2018 in WP(C) No.5513/2016 regarding the petitioner's B.Ed. examination re-evaluation.
Samata Bala Sarkar
Mridul Hazarika
Gauhati University
Dhrubajyoti Choudhury
Manash Ranjan Pathak
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
