Supreme Court Asks University To Pay Cost Of Rs 4 Lakh Damages To Student For Irregular Re-evaluation

“Considering the aforesaid, it is 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….” ordered Justices J K Maheshwari and Sudhanshu Dhulia

The appellant had applied for revaluation in two subjects, i.e., Botany and Hindi. The fee was paid for only two subjects. However, the revaluation was done in all the subjects. This resulted in a reduction of marks in other subjects. Aggrieved by this, the appellant approached the trial court seeking damages in the amount of 10 lakhs. Pertinently, the Court imposed a cost of 4 lakhs against the University. However, the same was set aside by the High Court. Against this backdrop, the appellant preferred the present appeal.

Initially, the Top Court passed an order granting time to restore the marks in other subjects and retain the original marks.

Pursuant to this, the University issued a fresh mark sheet. 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 also expressed dissatisfaction with the impugned order that had set the cost aside. While setting aside the order, the Court found the same untenable in law.

“After hearing and perusal of 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 opined. 

In view of these facts and circumstances, the Court restored the order passed by the trial court granting damages of 4 Lakhs. 

Case Title: VYJYANTI MEHRA vs. HIMACHAL PRADESH UNIVERSITY., Diary No.- 19398 - 2017

Citation : 2024 LiveLaw (SC) 51