Excelsior Correspondent
JAMMU, Sept 2: High Court today upheld the order of University of Jammu whereby it had refused to re-evaluate the answer scripts in MCA course.
The order of the JU was challenged before the High Court in a petition filed by Pawan Kumar, who termed the order as violation of Article 14 of the Constitution of India.
After hearing Advocate CM Koul appearing for the petitioner whereas Advocate WS Nargal for the University of Jammu, Justice B L Bhat observed, “applying the dictum of Apex Court to the facts of the case on hand, it is manifestly clear that MCA Course, being a professional course in respect whereof a high standard of excellence has been provided by experts of University Council to equip the candidates to meet the cut throat competition in Private/Corporate Sector, has consciously been excluded from the purview of re-evaluation of Answer Scripts with further object of avoiding complications arising out of such re-evaluation in a highly technical subject”.
“Moreso, it may not be possible to dismiss the respondents’ plea offhand that re-evaluation in highly technical subjects like MCA Course would be a very difficult exercise. It cannot be said that relevant statute is arbitrary and discriminatory in character and, thus, hit by Article 14 of Constitution of India”, Justice Bhat said.
“The object sought to be achieved by classifying MCA Course as a technical course wherein re-evaluation of Answer Scripts would not be permitted, such classification bearing nexus with the object of making computer professionals of immaculate standard available to the Private/Corporate Sector, the statute satisfies the test of constitutionality that the same is based on a intelligible differentia to achieve the object”, the High Court said.
While holding the statutes as intra-vires, the High Court dismissed the petition as without merit.
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