Bengaluru: A high court division bench recently set aside a single-bench interim order directing Karnataka Veterinary Animal and Fisheries Sciences University, Bidar, to conduct re-evaluation of answer scripts of Maseera Naveed, a student of bachelor of veterinary science (BVSc).
“When there was no provision in the rules or regulations of BVSc to ask for re-evaluation of answer sheets, the single bench was entirely unjustified in passing the direction for re-evaluation. What was not permitted in the regulation cannot be granted even as principal relief, much less to be ventured for interim relief,” a division bench of Chief Justice NV Anjaria and Justice MI Arun observed.
On Nov 25, 2024, the single bench passed the interim order, directing university authorities to carry out re-evaluation of Maseera’s papers through a different evaluator.
Challenging the order, the university claimed the petitioner, a II-year BVSc student, had failed in veterinary microbiology. She applied for re-totalling and it confirmed that she had failed. Maseera, however, sought re-evaluation of her answer book, but that was not permitted as the regulations did not provide for the same. She filed a writ petition seeking re-evaluation but later withdrew it. However, she filed a second petition for the same cause of action.
After perusing the materials on record, the division bench said when the student withdrew the petition, she limited her prayer to seeking permission to see the answer script, and the plea for re-evaluation was given up. “Once the prayer for re-evaluation wasn’t pressed, it was not permissible in law for the petitioner to seek the very prayer again by filing another petition…,” the division bench noted, adding: “… What was permissible for the petitioner was only to seek re-totalling of marks, which she had already exercised.”