The Supreme Court in the case Vyjyanti Mehra vs. Himachal Pradesh University observed ad has imposed a cost for an amount Rs 4 lakhs on the Himachal Pradesh University for re-evaluating subjects, which the student or appellant neither applied for nor paid the revaluation fee.
The bench comprising of Justice J K Maheshwari and Justice Sudhanshu Dhulia in its order stated that it being apparent that the appellant has applied only for two subjects, but under the terms of Clause 10 of the Revaluation Form, without deposit of the revaluation fee, the revaluation of other subjects has been made.
In the present case, the appellant had applied for revaluation in two subjects, i.e., Botany and Hindi and the fees was paid for only two subjects.
The court stated that the revaluation was done in all the subjects and this resulted in a reduction of marks in other subjects.
Therefore, the appellant aggrieved with the same approached the trial court seeking damages in the amount of 10 lakhs The court in the case observed and has imposed the cost of 4 lakhs against the University. The High Court set aside the same. Thus, the appellant preferred the present appeal, against this backdrop.
The Supreme Court passed an order wherein it granted time to restore the marks in other subjects and retain the original marks.
Therefore, the University issued a fresh mark sheet and this latest mark sheet has corrected the revaluation of other subjects. It also included the enhanced marks in Botany and Hindi (to which the appellant has applied).
The court in the case expressed dissatisfaction with the impugned order that had set the cost aside.
The court found the same untenable in law.
The court stated after hearing the findings recorded by the learned Judge, we themselves are unable to understand the intention and the observations made by the learned Judge without going through the pleadings and the evidence brought on record and how far those observations are correct.
The court while considering the facts and circumstances of the case observed and has restored the order passed by the trial court granting damages of 4 Lakhs.
