B. S. Chauhan, J. - (1.) -In spite of the fact that the delay of three days in filing this special appeal has been condoned by this Court vide order dated 16.4.2007, the regular number of the special appeal has not been assigned by the Registry.
(2.) THIS special appeal has been filed against the impugned judgment and order dated 21.2.2007 by which the writ petition filed by the appellant seeking direction to the Allahabad University to re-evaluate the answer sheets of Mathematics 2nd and 3rd papers of B.Sc. 2nd year examinations, has been dismissed. The facts and circumstances giving rise to this case are that the petitioner-appellant got admission in B.Sc. 2nd year and appeared in the said examination. However, she did not secure good marks in Mathematics 2nd and 3rd papers. She filed an application for scrutiny depositing the required fee and in the meanwhile, she filed Writ Petition No. 7075 of 2006 seeking the relief of re-evaluation of the answer books of Mathematics 2nd and 3rd papers. The said writ petition was dismissed vide judgment and order dated 6.2.2006 observing that in absence of any statutory provision under the Allahabad University Act and Statute or Ordinance framed there under, such relief cannot be granted. Subsequently, the petitioner-appellant filed Writ Petition No. 16995 of 2006 for the same relief and in the said writ petition, the factum of filing the earlier writ petition was disputed by the petitioner-appellant, though objection was taken by the learned counsel appearing for respondent University in this regard. However, while entertaining the writ petition, the learned single Judge directed the respondent University to produce the answer sheets of the aforesaid two papers before the Court and the petitioner-appellant was permitted to appear in the B.Sc. 3rd year examinations provisionally vide order dated 29.3.2006. Being aggrieved, the respondent University filed Special Appeal No. 361 of 2006, which was dismissed by the Court vide order dated 19.4.2006 in view of the fact that the appeal had become infructuous by efflux of time as the examinations of B.Sc. 3rd year had already taken place. When the writ petition came up for hearing, the learned single Judge dismissed the writ petition taking note of the statement made by the petitioner-appellant that she had never authorised any lawyer to file the writ petition, holding that in absence of any statutory provision for re-evaluation of answer sheets, the relief sought by the petitioner-appellant cannot be granted. The appellant appeared in person and submitted that she has an excellent academic record and secured very good marks in other papers, therefore, her answer sheets of Mathematics 2nd and 3rd papers should be re-evaluated and for the same, there is an enabling provision under the Statute/Ordinance of the University.
(3.) SHRI A. B. L. Gaur, learned senior counsel appearing for the respondent University has vehemently opposed the appeal contending that there is no such provision enabling the University for re-evaluation, therefore, the relief sought by the appellant cannot be granted. Hence, the appeal is liable to be dismissed. We have considered the rival submissions made by the learned counsel for the parties and have perused the record.;