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Veer Bahadur Singh Pur. Uni. Janupur Thru' Registrar & Anr. v. Ajai Kumar Singh & Others - SPECIAL APPEAL No. 16 of 2007  RD-AH 431 (8 January 2007)
Special Appeal No. 16 of 2007
Veer Bahadur Singh Purvanchal University,
Jaunpur and another .....Appellants
Ajai Kumar Singh .....Respondent
Hon'ble S. Rafat Alam, J.
Hon'ble Sudhir Agarwal, J.
Heard Shri A.K.Tripathi, Advocate holding brief of Shri Anil Tiwari, learned counsel for the appellants, Shri S.B.Maurya, learned counsel for the petitioner-respondent no.1 and the learned Standing Counsel for the State-respondent no.2.
It appears that the petitioner-respondent approached this Court with the grievance that his answer book has not correctly been evaluated. The Hon'ble Single Judge summoned the answer book and having perused the same, noticed that the same has not been examined properly, inasmuch as, certain answers were not at all evaluated, directed the University to revaluate the answer books through an expert examiner by the judgment under appeal.
Learned counsel for the appellants vehemently contended that in the absence of any provision pertaining to re-evaluation in the statute, such direction ought not to have been given.
We have considered the submissions. It is true that normally this Court does not direct for re-evaluation of answer books in the absence of any specific provision in the statute. However, where it is found that the answer books are not at all being correctly evaluated or the irregularity is at large committed, this Court may in appropriate cases, direct for re-evaluation. Reference may be made to the judgment of the Hon'ble Apex Court in the case of Manish Ujwal v. Maharishi Dayanand Saraswati University, JT 2005 (8) SC 382.
Thus, in the facts and circumstances of the case, we do not find any fault in the judgment of the Hon'ble Single Judge. The appeal being without merit, is hereby dismissed summarily. No order as to costs.
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