Mr.S.Joseph Selvaraj, taking strength from the judgment of the Calcutta High Court in M.A.T.No.530 of 2011 dated 21.12.2011 (Averi Mukhopadhyay v. State of West Bengal and others), urged this Court to examine the answer script in order to ascertain whether the University has properly exercised its power and discretion while following the procedure and guidelines in respect of the re-evaluation of his subject paper.
Again relying on the judgment of the Apex Court in the case of Lilly Thomas v. Union of India, (2006) 6 SCC 224 on the meaning of the word ”review” by the Court, the petitioner submitted that it is an act of looking after something again with a view of correction or improvement. Therefore, in reviewing an answer script, the reviewing examiner is required to revisit and re-examine all the questions as if he is examining such question for the first time and it is only thereafter the said examiner can assess as to whether the original examiner has awarded the proper mark in respect of each of the questions. Adding further, he has stated that once the University has recognised the right of a student to demand review of his answer script, then the reviewing examiner should examine each of the answers as if he is examining the said answer script for the first time, but not mechanically.
Apex Court in the case of The President, Board of Secondary Education, Orissa and another v. D.Suvankar and another reported in (2007) 1 SCC 603, wherein it is held that it would be a mockery of the system of valuation of a teacher belonging to Arts stream is asked to evaluate the answer papers of Science stream. The said judgment further states that it may be that a teacher had Physics, Chemistry or Biology at the intermediate level, but at Graduation stage he had special paper in Zoology. To ask such a teacher to evaluate Botany paper would not be proper. Similarly, in the case of a teacher having Mathematics in intermediate level, while he took his high studies in Physics or Chemistry or Botany at the Graduation level, evaluation of answer paper in Mathematics by him would not be proper, even though he may be having working knowledge in the subject. However, the valuation should be done by an examiner who is well equipped in the subject. On this basis he prayed for allowing the writ petition.