Nafr High Court
Case Details
1 2025:CGHC:45187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4698 of 2025 1 - Chaitanya Sahu S/o Manik Lal Sahu, Aged About 23 Years R/o Ward No. - 20,tedesera, Rajnandgaon, Disrict Rajnandgaon (C.G.) Roll. No. 2534348018, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 2 - Bhagyashri Chandel, D/o Sanjay Aged About 24 Years R/o 145, Ward No. 11, Tendubhata, Mohara,, District - Rajnandgaon (C.G.) Roll No - 2534348015, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 3 - Dolly Dubey, D/o Sunil Dubey, Aged About 27 Years R/o - Q. No. 2d Avenue-D, Radha Krishna Mandir, Near Water Tank, Sector-6 Civic Centre Bhilai, District - Durg (C.G.), Roll No. - 2534348028, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 4 - Khitish Kumar, S/o Makhan Lal Joshi, Aged About 40 Years R/o-30/d, Ruabandha Sector, Civic Centre, Bhilai, District-Durg (C.G.) Roll No. - 2534348038, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih Durg, District - Durg (C.G.) 5 - Manish Ubharani, S/o Ashok Kumar Ubhrani, Aged About 28 Years R/o- 383, Ward No. 24, Station Road, Durg, District-Durg (C.G.), Roll No. - 2534348046, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 6 - Mohd. Ijhar Khan Alvi, S/o Mohd. Ilyas Khan Alvi, Aged About 28 Years R/o H.No. 120, Ward No. 39, Gandhi Nagar, Durg, District - Durg (C.G.), Roll No. - 2534348048, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 7 - Mohsin Khan, S/o Hasim Khan, Aged About 32 Years R/o Ward No. 41, Near Baba Atta Chakki, Kelabadi, Durg District-Durg (C.G.) , Roll No.- 2534348050, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District Durg (C.G.) Digitally signed by JYOTI JHA Date: 2025.09.08 18:51:01 +0530 8 - Om Upadhyay, S/o Hariprasad Upadhyay, Aged About 30 Years R/o Ataria, Rajnandgaon, District - Rajnandgaon (C.G.) Roll No. - 2534348060, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 2 9 - Vandana, D/o Yadav Nirmalkar, Aged About 23 Years R/o Medesera, Durg, District - Durg (C.G.) Roll No. - 2534348095, Present Student Of Seth Ratan Chand Surana Law College,kasaridih, Durg, District - Durg (C.G.) 10 - Payal Sen, D/o Tejpal Sen, Aged About 23 Years R/o Near, Jayashree Oil Mill, Govli Para, Durg, District - Durg (C.G.) Roll No.-2534348117, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) 11 - Imran Khan, S/o Sabir Ali, Aged About 30 Years R/o- 2/7, Baanspara, Sahu Kirana Store, Durg, District - Durg (C.G.), Roll No. - 2534348033, Present Student Of Seth Ratan Chand Surana Law College, Kasaridih, Durg, District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Secretary Of Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Director, Directorate Of Higher Education, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Hemchand Yadav University Durg, Through Its Dean, OfÏce At - Hemchand Yadav University, Raipur Naka, Durg, District - Durg (C.G.) 4 - Registrar, Hemchand Yadav University Durg, OfÏce At - Hemchand Yadav University, Raipur Naka, Durg, District - Durg (C.G.) 5 - University Grants Commission (U.G.C.), Through Its Secretary, Bahadur Shah Zafar Marg, New Delhi – 110002. 6 - Seth Ratan Chand Surana Law College, Through Its Principal, Kasaridih, Durg, District - Durg (C.G.) (Cause-title taken from Case Information System) ----Respondents For Petitioner For Respondent-State For Respondent No. 3 & 4 For Respondent No. 5
Legal Reasoning
: Mr. Prasoon Agrawal, Advocate : Ms. Upasana Mehta, Dy. G.A. : Mr. Neeraj Choubey, Advocate : Mr. Dhiraj Kumar Wankhede, along with Mr. Aniruddh Singh, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 04/09/2025 1. With the consent of the parties, the matter is heard finally. 3 2. The present writ petition has been filed for the following relief:- “10.1 That this Hon’ble may kindly be pleased to direct the respondent No. 3 University to allow the petitioners for re-evaluation of their answer sheets, in the interest of justice. 10.3 That this Hon’ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ direction(s) in favour of the petitioner, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 3. Learned counsel for the petitioner submits that the petitioners are students pursuing LL.B.(3 years) at Seth Ratan Chand Surana Law College, Kasaridih, Durg, District-Durg (C.G)/ respondent No. 06. The respondent No. 05 is afÏliated to respondent No. 03/ Hemchand Yadav University Durg (hereinafter referred to as "University"). 4. Learned counsel for the petitioners submits that the petitioners had appeared in the Second Semester Examination (1 year) held in the month of May June- 2025 whose results were declared on 11.08.2025. Since most of the students were dissatisfied with the result they wanted to apply for revaluation of the answer sheets, however, when they went before the authorities they were informed that no provision for re-valuation exists. The petitioners immediately made a representation before the Dean on 12.08.2025, 13.08.2025 and 14.08.2025 and they were assured that appropriate measures would be taken. 5. Learned counsel for the petitioner submits that at this stage it is pertinent to mention that as per Ordinance No. 06 (EXAMINATIONS (GENERAL)) issued by the respondent University as is available on the website of the university the 4 revaluation of answer sheets is governed by Clause 25 and 26 of the aforesaid ordinance the relevant portion of which reads as under:- 26. (1) A candidate, who has appeared in all the papers of all the subjects of an Annual/Semester examination and whose result has been declared and is not satisfied with the valuation may apply to the Registrar in the prescribed form within 15 days from the date of the declaration of result. 6. Learned counsel for the petitioner submits that even after there being rules for revaluation the respondent University is not permitting the petitioners to apply for revaluation. When the Rules/Ordinance specifically permits for revaluation of the answer sheets as per the prescribed procedure the same cannot be denied to the students. Hence, this petition. 7. During the course of arguments, learned counsel for the respondents No. 3 & 4 placed the document of Hemchand Yadav University, Durg (C.G.) dated 07.07.2025 and submits that previously there is no provision of revaluation or re-totaling of answer-sheet of the students. However on 07.07.2025, the ordinance has been passed by the Hemchand Yadav University whereby in the serial No. 16, it has been mentioned as under:- Existing Provision Amended Provision 16 No provision in present Revaluation / Re- totaling of answer papers. There is no provision for revaluation of the answer papers in any examination. However, the candidates can apply for retotaling by paying prescribed fee. 8. I have heard learned counsel for the parties and perused the 5 material available on record. 9. Considering the facts and circumstances of the case and considering the submission made by the learned counsel for respondent/s, this Court is of the opinion that on 07.07.2025, the University has passed the ordinance mentioning therein that the candidates can apply for retotaling by paying prescribed fee, therefore there is no good ground to entertain the present writ petition. Accordingly, the present writ petition stands dismissed. 10. However, the petitioners are at liberty to file application before the University for retotaling. (Arvind Kumar Verma) Judge Sd/- Jyoti