AI Structured Summary
Not yet generated for this judgment
Judgment
Arvind Kumar, J. - Petitioners are seeking for the following reliefs:
(i) To issue writ of mandamus or any other writ or direction directing the respondents to evaluate the original answer scripts of the petitioners for the year applied for by two evaluators who have not valued the papers of the petitioners earlier by intimating the petitioners as per the guidelines of 2002 at Annexure-C and publish the results of the same in the interest of justice and equity and in any contingency as is the policy of the University to declare the respective petitioner passed in the respective subjects applied for challenge revaluation.
(ii) Direct the respondent-VTU to publish the results of the 8th/6th Semester of the petitioners along with similarly situated students of IV/HI B.E. and also treat them similarly in case of academic discipline as in the case of the regular students in the interest of justice and equity.
Petitioners are before this Court in the second round of litigation after having partially succeeded in W.P No. 50184 of 2014 and connected matters. In W.P. No. 50184 of 2014 and connected matters, petitioners had approached this Court contending, inter alia, that they have failed in one or two subjects by few marks and some of them had secured high marks in revaluation and they were not declared as passed. As such, they sought for challenge revaluation.
The University has appeared and denied the contention raised in the writ petitions by contending that the provision for challenge revaluation has been deleted by notification dated 27-9-2013 and as such, petitioners have no vested right to seek for revaluation. After considering rival contention, this Court by order dated 20-11-2015 disposed of the petitions on following terms:
"(i) The petitioning students, who have admitted prior to 27-9-2013 are entitled to seek the challenge revaluation. They are permitted to file the applications for challenge revaluation. The applications already filed by the petitioners, if any and the applications to be filed by the petitioners pursuant to the passing of this order shall be considered as per the Regulations, which were governing the field between 2003 and 2013.
(ii) If any petitioning student is admitted after 27-9-2012, he is not entitled to seek the challenge revaluation.
(iii) The petitioners'' eligibility to go to third, fifth and seventh semester would obviously depend on the result of the challenge revaluation.
(iv) Even if the petitioners happen to pass in the challenge revaluation, they are not permitted to go to the next semester as a matter of right. The University and the College shall examine their attendance requirement. Only on satisfying that they have paid the prescribed fees and they meet the prescribed attendance requirement, they are to be permitted to go to the next semester.
(v) The challenge revaluation shall be done as per the procedure in vogue.
(vi) Until such time that the results of the sought challenge revaluation are announced, the petitioners are permitted to prosecute their studies and appear for the forthcoming examinations. But everything would be subject to the outcome of the challenge revaluation. If they fail in the challenge revaluation, they shall not plead equity."
It is pursuant to the said direction given permitting the petitioners to file application for challenge revaluation, petitioners are said to have applied for challenge revaluation and on account of results having not been declared not only of the subjects, which were the subject-matter of challenge revaluation, but also on account of withholding of results of 8th/6th Semester, they have approached this Court for the reliefs extracted herein above.
It is the contention of Dr. S. Arumugham, learned Counsel appearing for the petitioners that Co-ordinate Bench of this Court having already held under Annexure-B that Regulations Governing Issue of Soft Copy and Revaluation of Answer Scripts, 2013 by the University is prospective in nature and the earlier notification governing the issue of challenge revaluation indicating that whenever such application is filed for challenge revaluation, the results have to be declared within fortnight and the same have not been complied. Suitable direction be issued to the respondents to declare the results not only of challenge revaluation, but also declare the results of 8th/6th Semester for which the petitioners have already appeared.
Sri T.S. Venkatesh, learned Counsel appearing on behalf of the University would submit that the University had contemplated assailing the order, Annexure-B, by filing the intra-Court appeal. As such, steps were not taken to revalue the papers of not only the petitioners, but also of the candidates who were similarly placed. But on account of a policy decision now having been taken to accept the judgment of the learned Single Judge rendered on 20-11-2015 in W.P. No. 50184 of 2014 and connected matters, Annexure-B, exercise of conducting the challenge revaluation has been completed and only results has to be declared. For this, he seeks for some reasonable breathing time and pray for four weeks. He would also submit that subject to the outcome of the results of challenge revaluation, the results of the petitioners who had appeared for 8th/6th Semester will also be announced subject to other eligible criteria like attendance, fee having been paid by the petitioners etc.
Having heard the learned Counsel for the parties and on perusal of the records, it would clearly emerge that petitioners had approached this Court in W.P. No. 50184 of 2014 and connected matters along with others similarly placed contending that bar or embargo imposed under 2013 Regulation is not applicable to them or in other words, it is prospective in nature. This Court accepted the plea of the petitioners and as such, had issued direction to the respondent-University to conduct the challenge revaluation of the petitioners and it is pursuant to such direction issued under Annexure-B, petitioners had filed application for challenge revaluation and the same is already said to have been carried out by the respondent-University. Thus, the only thing which remains to be carried out by 7th respondent-University is to announce the results of the challenge revaluation of petitioners which would necessarily be subject to the petitioners having applied for challenge revaluation, which Dr. S. Arumugham, learned Counsel appearing for the petitioners would vehemently contend that challenge revaluation has also been applied for by the petitioners. If it is so, this Court finds that there is no impediment for 7th respondent-University to announce the results of the challenge revaluation of petitioners expeditiously.
On such announcement of results, consequently results relating to the petitioners insofar as 8th/6th Semester as the case may be also requires to be declared and this would necessarily depend upon the challenge revaluation results.
In the light of the afore stated facts, I proceed to pass the following:
ORDER
(a) Writ petitions are hereby allowed.
(b) 7th respondent-University is hereby directed to announce the results of challenge revaluation of the petitioners who are stated to have applied for the same, expeditiously, at any right within three weeks from the date of receipt of a certified copy of this order;
(c) In the event of petitioners having been declared as passed in the challenge revaluation and subject to the University as well as the respective Colleges that is respondents 1 to 6 and the University examining their attendance requirements of 8th and 6th Semester and petitioners meeting the eligibility criteria, their results of 6th and 8th Semester shall also be declared expeditiously at any rate within two weeks from the date of announcement of results of challenge revaluation.
Ordered accordingly.