JUDGEMENT
PRASENJIT MANDAL, J. -
(1.) THIS application is at the instance of an
unsuccessful candidate in Part-II 4th paper Physics honours from
the University of Burdwan in the B.A. Part-II examination. In this
paper the petitioner scored 9 marks only in the year 2008.
(2.) THE petitioner was successful in the B.A. Part-I examination, but, she was unsuccessful in respect of Part-II 4th paper Physics
honours in the year 2008. In 2009 the petitioner appeared in the
same subject and she scored low marks. Then in 2010 she sat for
the Part-III papers along with Part-II 4th paper Physics honours
and scored the same marks i.e. 9 only. She applied for review and
on review, her marks in respect of that paper enhanced from 9 to
13 i.e. increase of 4 marks. The petitioner made a representation to the respondent university, but, there was no response. Then she
filed a writ petition being W.P. No.15007 (W) of 2011 which was
dismissed, but, liberty was given to the writ petitioner to
approach the authority under the Right To Information Act, 2005.
Thereafter, on getting the xerox copy of the answer sheet the
petitioner filed another representation to the respondent
university for re-evaluation of the answer script in question and,
thereafter, this application has been preferred.
Now, the question is whether the prayer for re-evaluation can be granted.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that on being unsuccessful
in respect of Part-II 4th Paper, Physics honours scoring 9 marks
only, the petitioner filed the W.P. No.15007 (W) of 2011 which was
dismissed by this Hon'ble Court by the order dated January 29,
2011. Thereafter, on getting the copy of the answer script under the provisions of the Right To Information Act, pursuant to the
observations passed by this Hon'ble Court in the earlier writ
petition, the petitioner's assessment was that she answered
correctly, but, she was not awarded enough marks. So, this
application has been filed for consideration of her representation
already referred to above.;
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