In a significant legal case, the Delhi High Court addressed the matter of discrepancies in marks awarded between the Department of Child Welfare and the Faculty of Law, University of Delhi. The court dismissed the petition filed by the Department, highlighting specific grievances related to marks allocation. Find out more about this ruling and its implications in the legal realm.
Facts
- Y and Z joined Department of Child Welfare of Government of Rajasthan in 1994 as LDC.
- Y and Z received accelerated promotions as reserved candidates in 2000 and 2013 at levels 2 and 3 respectively.
- Y has been promoted to the post of Under Secretary, which is a single cadre post in the department.
- The petitioner, a student of the Faculty of Law, University of Delhi, is dissatisfied with the marks awarded in specific papers.
- The grievances of the petitioner pertain to papers with codes LB-401, LB-4036, and LB-603.
- Y belongs to the Scheduled Caste and Z belongs to the Scheduled Tribe.
- The specific questions in the papers where the petitioner has grievances have been outlined and detailed.
Arguments
- The petitioner’s representative argues that his client deserved higher scores for the answers attempted.
- Specifically mentions discrepancies in marks awarded for questions 3 and 4.
- States that the examiner did not provide any feedback or marking for paper code LB-604.
- Highlights that despite attempting five questions, the petitioner was awarded far less than the maximum marks.
Analysis
- 1.1
- 1.2
- 1.3
- 1.4
- 1.5
- The Specific Tariff Area (STA) is an area designated for the purpose of cable television services where subscription fees are chargeable by cable operators to subscribers.
- The STA is demarcated to prevent any overlapping of areas among cable operators and to ensure fair competition in the cable television market.
- In the case discussed, it was ruled that the cable operators who have been providing services within the STA are required to pay a certain fee to the governing authority for the use of the designated area.
- This ruling aims to regulate the cable television services within the STA and ensure proper management of the subscription fees charged by the cable operators.
- The failure to award marks for a question and the awarding of marks for a different question was a mix-up by the examiner.
- The intended 4 marks for one question were mistakenly awarded for a different question.
- The court cannot interfere in the marks awarded by the examiner unless a convincing case is made out, as per Article 226 of the Constitution of India.
Decision
- The petition is dismissed.
- No orders as to costs.
Case Title: HARDEEP Vs. UNIVERSITY OF DELHI & ORS. (2024:DHC:3704)
Case Number: W.P.(C)-5796/2024
