- (1.) THE present Special Appeal has been filed against the judgment and order dated 20.11.2008 passed by the learned Single Judge whereby the learned Single Judge has, inter alia, given the following interim directions : "Considering the facts and circumstances of this case as mentioned hereinabove, it is directed that the respondent-University shall itself have the answer copy of "Educational Administration and Management" paper of B.Ed. Examination-2007 of the petitioner revaluated through an expert examiner, who may be the Head of the concerned department, within three weeks from today and submit a report, along with the marks awarded to the petitioner after revaluation."
(2.) IT appears that the petitioner-respondent No. 1 appeared as regular student in B. Ed. Examination, 2007 conducted by Veer Bahadur Singh Purvanchal University, Jaunpur. In the answer book of the petitioner-respondent No. 1 in respect of the 7th Paper, namely, 'Educational Administration and Management', she was awarded 29 marks out of 100 marks. The result of the petitioner-respondent No. 1 was that she failed in the said B.Ed. Examination, 2007. The petitioner-respondent No. 1 filed Civil Misc. Writ Petition No. 56223 of 2008 before this Court, inter alia, stating that she was awarded satisfactory marks in all the papers except the 7th Paper, namely, 'Educational Administration and Management' in the said B. Ed. Examination, 2007. It was, inter alia, prayed in the said Writ Petition that a writ, order or direction in the nature of mandamus be issued directing the respondents in the said Writ Petition (respondents-appellants in the present Special Appeal) to re-check/re-examine the answer book of the petitioner-respondent No. 1 in respect of the 7th Paper, namely, 'Educational Administration and Management' in the said B.Ed. Examination, 2007. It appears that pursuant to an order dated 3.11.2008 passed by the learned Single Judge in the said Writ Petition, the respondents-appellants produced before the learned Single Judge the answer book of the petitioner-respondent No. 1 in respect of the aforesaid 7th Paper, namely, 'Educational Administration and Management' in B.Ed. Examination, 2007.
(3.) AFTER perusing the aforesaid answer book of the petitioner-respondent No. 1 and noticing the submissions made by the learned counsel for the parties, the learned Single Judge by the judgment and order dated 20.11.2008, inter alia, gave interim directions as quoted above. The learned Single Judge placed reliance on a decision of the Apex Court in Manish Ujwal and others v. Maharishi Dayanand Saraswati University and others, JT 2005(8) SC 382. Against the said judgment and order dated 20.11.2008, the respondents-appellants have filed the present Special Appeal.;