HIRIA FAROOQI Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) PETITIONER passed her M.A. Final examination in English Literature from the University of Kashmir, Srinagar, in the year 1991 as a regular candidate. She appeared under Roll No. 2088 of 99 and secured 51 % marks in aggregate. The petitioner also availed statutory chance in December and appeared in two papers and improved upon her earlier result in the said papers obtaining 54.25% marks in aggregate.

(2.) THE petitioner has preferred this writ petition and claims the following reliefs; a) Direction in the nature of writ of mandamus commanding respondents to re -evaluate the petitioners answer script in the paper of American Fiction  in M. A. English Examination held during the annual session of 2000. (b) In the alternative, to allow the petitioner to re -appear in the paper of American Fiction  or any other paper in M.A. English to improve her division/ percentage of marks in her M. A. Examination. (c) To issue a direction in the nature of writ of mandamus commanding respondents to register the petitioner in M. Phil in the department of English during the current Session or the next following session.

(3.) IT is admitted case of the petitioner that after passing her M.A. Final Examination in English Literature, she appeared in two subjects for improving her division/percentage in the year 2000. It is also admitted that she improved upon the earlier result and obtained 54.25% in aggregate. 3. Mr. Malik, learned counsel appearing for the petitioner, did not dispute that as per the University Statute, there is no provision for evaluation of the papers and his request for the same made earlier had been turned down. The scheme for re -evaluation of the answer scripts came to be introduced in the year 2002 and made effective from the academic Session of 2002. Learned counsel admitted that as per the statute the petitioner can be given only one chance within two years from the passing of the degree examination for improvement of percentage, which the petitioner has already availed. The statute of the University had fixed 55% marks for registration in M.Phil on course whereas the petitioner has obtained, after improvement, 54.25% marks in aggregate.