Excelsior Correspondent
Srinagar, May 20: High Court imposed a penalty of one lakh rupees on Kashmir University for reappearing the student in the examination despite the marks secured by him in the said paper.
The student-Abdul Basit appeared in B.A. 5th Semester Examination conducted by the University and after declaration of the results, he was shown to have failed in the General English Paper having secured 27 marks as against 38 pass marks.
However it was revealed that one of the questions of the answer sheet had not been evaluated and no marks thereof awarded; as a consequence he applied for re-evaluation of the said paper, whereupon such re-evaluation, the petitioner was shown to have secured 40 marks, however, the University scaled down the said 40 marks to 34 marks on the basis of a rule and in the process changed the result of Basit for the said paper from pass to fail yet again compelling him to seek justice from the court.
Justice Javed Iqbal Wani while allowing the plea of Basit said, the illegality and arbitrariness on the part of the University is manifest and writ large, besides being patently wrongful, undoubtedly constituting a fit case for grant of compensation in favour of him and the Court being conscious of the fact that there is no quantification based on actual loss, but then the award of damages to the petitioner payable by the Respondent-University is in Public Law.
Court after having regard to the facts and circumstances case said, the mindless action of the University for having applied the statute wrongly to the case of the petitioner pertaining to the paper in question in as much as compelling the petitioner to reappear in the examination again disregarding the marks secured by the petitioner in the paper in question after revaluation and re-checking is apparent and the petitioner thus cannot be left remediless and the very grounds noticed in the preceding paragraphs, therefore, necessitates that the petitioner be compensated by payment of damages in Public Law on the basis of the principles
“Viewed thus, what has been observed, considered and analyzed , the instant petition is disposed off with a direction to the Respondent-University to pay an amount of Rupees One lakh to the petitioner as damages within a period of four weeks from the date of passing of this order, failing which the amount would carry an interest @ 6% per annum apart from any other legal remedy as may be available to the petitioner”, reads the judgment.
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