Ekaditya Bora v. The Dibrugarh University and 3 Ors

ORDER Date : 03-05-2024

Heard Ms. S. G. Baruah, learned counsel for the petitioner. Also heard Mr. Rajesh Mazumdar, learned standing counsel, Dibrugarh University, appearing on behalf of all the respondents.

¶2As consented to by the learned counsels appearing for the parties, the present proceeding is taken-up for final consideration and disposal.

¶3The grievance raised by the petitioner in the present proceeding pertains to the evaluation as made in respect of the answer scripts of his examination in the subject of "Intellectual Property Rights" (Subject Code of 6.4OP5) of 6th Semester and Final Semester LL.B. (Backlog) Examination, 2023, conducted by the Dibrugarh University.

¶4It is the contention of the petitioner that the answers as given by the petitioner in the said paper/Subject were not properly evaluated and a perusal of the answer scripts reveals that the answers has not been considered in the manner, it was required to be so considered.

¶5On the last date of hearing; this Court had required Mr. Mazumdar, learned standing counsel, Dibrugarh University, to receive instructions in the matter. Today, Mr. Mazumdar, learned standing counsel, Dibrugarh University, has fairly submitted that the Page No.# 3/4 authorities of Dibrugarh University, given the facts as existing in the matter and as a special case; have decided to carry-out a fresh evaluation of the answer scripts of the petitioner wherein, it has also been decided that each and every answer as given by the petitioner in his said subject, in question, would be evaluated afresh.

¶6Mr. Mazumdar, learned standing counsel, Dibrugarh University, submits that for the said purpose, the petitioner is required to submit an application before the Controller of Examinations(CoE), Dibrugarh University.

¶7In view of the said concession as made in the matter by Mr. Mazumdar, learned standing counsel, Dibrugarh University; the petitioner, herein, is directed to submit a detailed representation before the Controller of Examinations(CoE), Dibrugarh University, highlighting therein his grievances in the matter and thereby, make a prayer for a fresh evaluation of the answer scripts in his said paper/Subject.

¶8The authorities of Dibrugarh University, on receipt of such representation from the petitioner, shall proceed to have the answer scripts of the petitioner in his paper/Subject i.e. "Intellectual Property Rights" (Subject Code of 6.4OP5) of 6th Semester and Final Semester LL.B. (Backlog) Examination, 2023, evaluated by a Subject Expert and thereafter, communicate to the petitioner; the marks, as now scored by him in pursuance to such fresh evaluation.

¶9The above process shall be initiated and completed by the Controller of Examinations(CoE), Dibrugarh University, within a period of 30(thirty) days from the date of receipt of a certified copy of this order along with the application now permitted Page No.# 4/4 to be submitted by the petitioner, herein.

¶10With the above directions and observations, this writ petition stands disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010075982024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2061/2024o EKADITYAoBORAo S/O-oARUPoBORA,o R/O-oWARDoNO-o9,oPIN-o787001,o P.OoANDoP.S-oNORTHoLAKHIMPUR,o DIST-oLAKHIMPUR,oASSAM VERSUSo THEoDIBRUGARHoUNIVERSITYoANDo3oORSo REP.oBYoTHEoCHANCELLORo,oDIBRUGARHoUNIVERSITY,oPIN-786004,o DIBRUGARHo,oASSAM 2:THEoREGISTRAR oDIBRUGARHoUNIVERSITY oPIN-786004 oDIBRUGARHo oASSAM 3:THEoACADEMICoCOUNCIL oDIBRUGARHoUNIVERSITY oPIN-786004 oDIBRUGARHo oASSAM 4:THEoCONTROLLERoOFoEXAMINATIONS oDIBRUGARHoUNIVERSITY oPIN-786004 oDIBRUGARHo oASSAo AdvocateoforotheoPetitionerooooo:oMS.oSoGoBARUAHo AdvocateoforotheoRespondento:oSC,oDIB.oUNIVERSITYoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR