Petitioner sought evaluation of exam papers and declaration of results for her BA course. The Court held that disputed facts regarding the petitioner's appearance in a specific paper required evidence uncited in a writ petition, rendering this action inproper. The writ application was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2038 of 2010
Heard learned counsel for the petitioner. Counter affidavit has been filed by the respondent Tilka Manjhi Bhagalpur University.
The petitioner seeks relief for evaluation of her 7th paper in Sociology (Hons.) and then to declare the results of her B.A. (Sociology Hons.) 3rd year. She is stated to be a student of the Sundarwati Women’s College at Bhagalpur in the discipline of B.A. (Sociology Hons.) claiming to have successfully completed Part-I and Part-II of the course. She appeared at the Part-III examination conducted by the respondent University in the year 2005.
When the results were published her name did not find place. It is her contention that she had appeared in all the papers as also certified on endorsement by the Centre Superintendent on her representation dated 26.7.2006 at Annexure-3 to the writ application.
2
The counter affidavit of the respondent University admits that the petitioner was allotted copy No. 7701, Roll No. 031807 for the Part-III examination held in the year 2005. Enclosed as Annexure-A, is the attendance sheet from which it is stated that the petitioner did not appear in the 7th paper Sociology as also informed in writing dated 19.8.2010 by the Principal of the college in question.
On the pleadings of the parties, this Court is satisfied that the endorsement made by the Centre Superintendent on her representation read in conjunction with the intimation given in writing by the Principal of the college as also the attendance sheet for the examination takes the issue of her appearance in the 7th paper of Sociology into the realm of disputed facts which cannot be examined in a writ petition.
Ascertainment of the question whether she had appeared in the 7th paper of Sociology or not at the examination in the year 2005, therefore becomes a matter
to be proved or denied by evidence oral and/or documentary as the case may be which can only be decided in a proper civil proceeding.
The writ application is dismissed.
P. Kumar
( Navin Sinha, J.)
2 issues framed by the court
Whether the petitioner was entitled to evaluation of her exam paper without completing attendance.
Whether a court entertaining a writ petition should examine disputed facts regarding absence from an examination.
Namrta Kumari
Tilka Manjhi Bhagalpur University
The Vice-Chancellor, Tilka Manjhi Bhagalpur University
The Registrar, Tilka Manjhi Bhagalpur University
The Examination Controller, Tilka Manjhi Bhagalpur University
The Principal, Sundarwati Womens College, Bhagalpur
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
