IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8272 of 2008 Between: Varayogi Koushal Kumar S/o. V.Venkataswamy R/o. H.No. 2-7-489, Excise Colony, Subedari, Hanumakonda, Warangal District. ..... PETITIONER AND 1 The Director, SDLCE, Kakathiya University, Warangal Dist. 2 The Controller of Examinations, Kakathiya University, Warangal, Warangal Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly in the nature of writ of Mandamus declaring the action of the respondents not considering the case of the petitioner for revaluation/recounting of Paper-II as illegal, arbitrary, violative of principles of natural justice and discrimination and consequently direct the respondent to revaluation/ recounting of Paper-II for the course of M.Phil ( Physics ) vide Hall ticket No. 6006-9109 by considering the petitioner notice dated 19-1-2008 forthwith. Counsel for the Petitioner : Sri K. Venkateswarlu Counsel for the Respondents : Sri Deepak Bhattacharjee The Court made the following O R D E R: Learned counsel for the petitioner is permitted to amend the cause title by impleading Kakatiya University, Warangal represented by its Registrar as party respondent No.3. Heard Sri Deepak Bhattacharjee, learned Standing Counsel for Kakatiya University and with his consent, the writ petition is taken up for disposal at the stage of admission. The petitioner is the student, who had been registered for M.Phil course in Physics subject with Kakatiya University. When he took the examinations that were conducted in June 2007, he seems to have secured 67 out of 100 marks in paper-I, but however, he was declared to have secured only 39 marks out of 100 in paper-II and consequently, he was declared to have failed in the said subject. The assertion of the writ petitioner is that he being a studious and an industrious student and having performed decently at the examinations, whose performance is vouched by the marks secured in paper-I of 67%, it baffles him to be declared to have failed in paper- II that too by the narrowest margin of one mark. The writ petitioner entertains a genuine doubt as to a counting error possibly to have crept in paper-II of the examination took by him. Though, normally, the Courts maintain adequate distance in academic matters and prefer to leave the decisions in regard to the valuation of the performance of the students to the expert bodies and all the more so, in case of courses like M. Phil, which, itself, is beyond the post- graduation level, but nevertheless, the fact remains that the writ petitioner has secured fairly very high percentage of marks of 67 in paper-I and his apprehension that there could be an error in the matter of counting his marks in paper-II could not be totally ruled out and hence, the respondent – university is directed to recount the marks scored by the writ petitioner in paper-II of M.Phil examination in Physics written by him during June 2007 and inform the result thereof to him within 15 days from the date of receipt of a copy of this order. With this, the writ petition stands disposed of, but however, without costs. ----------------------------------- (Nooty Ramamohana Rao,J) 17th April 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}