Error In Evaluation Of Answer Sheets: Allahabad HC Directs Agra University To Pay Rs 1 Lakh to Student

The Allahabad High Court has recently directed Agra University to pay the first year medical student Rs 1 lakh for not exercising care and vigilance in checking the answer sheet in semester examinations at the University.

The writ petition has been filed by Devarsh Nath Gupta, undergoing medical course i.e. Bachelor of Medicine at S. N. Medical College, Agra (affiliated to Dr. B. R. Ambedkar University, Agra), for irresponsible and unaccountable act of Examiners in performance of their duty to evaluate the Physiology paper, for which the petitioner was awarded only 4 marks out of 50 while 3 out of 5 questions were not even checked.

The petitioner had also filed an RTI under the Right to Information Act, 2005 to obtain the copy of his answer sheet from the University.

The counsel for the University contended that in Agra University, there is no provision for revaluation or rechecking of answer sheet, therefore the results could not be published at the request of the petitioner.

The bench of Justice Sudhir Agarwal and Justice Rajendra Kumar citing Avinash Nagra vs. Navodaya Vidyalaya Samiti and others (1997) 2 SCC 534 said;

The teacher either individually or collectively as a community of teachers, should regenerate this dedication with a bent of spiritualism in broader perspective of the Constitutionalism with secular ideologies enshrined in the Constitution as an arm of the State to establish egalitarian social order under the rule of law. Therefore, when the society has given such a pedestal, the conduct, character, ability and disposition of a teacher should be to transform the student into a disciplined citizen, inquisitive to learn, intellectual to pursue in any walk of life with dedication, discipline and devotion with an inquiring mind but not with blind customary beliefs.

The bench further said that it was really shocked to see that these traditional belief on teachers are thrashed and demolished by persons like Examiner concerned in the present case, who has virtually failed to discharge his duty and failed to satisfy pious obligation, which students as well as University confided upon him that he will evaluate answer sheet properly and with application of mind.

The Court has directed the University to award average marks of three Examiners that the Court had earlier appointed to check the paper of the petitioner, who was awarded an average of 20 out of 50 in Physiology. The Court said that the University should correct his marks sheet and result and allow him to appear in further examinations accordingly.

The Court further directed the University to take appropriate steps so that such irresponsible, scrupulous, unmindful and negligent Examiners/Evaluators are not deployed in future to evaluate answer sheets, whether it is a professional examination or general subjects or otherwise and provide that, if any student who had appeared in examination of Agra University in the preceding three years, apply for reassessment or re-evaluation, taking present case as illustration, the University shall make reassessment/re-evaluation of answer sheet(s) of such student(s) and such case(s) shall not be declined for re-evaluation/reassessment only on the ground that there is no provision for re-evaluation in the Statute of University.

The bench has also directed that the copy of judgment be forwarded to Principal Secretary (Higher Education) as well as Secretary (Secondary Education), so that they may also look into the matter and ensure that Examiners/Evaluators of answer sheets are deployed in a reasonably efficient manner.  

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