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2025 DAILYLAW 7537 (HP)

MANAV BHARTI UNIVERSITY AND ANOTHER v. ASHA DEVI AND OTHERS

RP/8/2025 · 2025-03-11

Sandeep Sharma

Review Petitionbody2025

Judgment text

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2025:HHC:5709 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Review Petition No.8 of 2025 Date of Decision: 11.03.2025 _____________________________________________________________________ Manav Bharti University & Anr. ……...Petitioners Versus Asha Devi & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioners: Ms. Kanta Thakur, Advocate. For the respondents: Mr. Anirudh Sharma, Advocate, for respondent No. 1. Mr. Rajan Kahol, Mr. Vishal Panwar & Mr. B.C. Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent No. 2-State. Mr. Vishwajeet Singh, Advocate, for respondent No. 3. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) By way of present Review Petition, prayer has been made by the petitioners to review and recall the judgment dated 22.10.2024, passed by this Court in CWP No.10943 of 2023, titled as Asha Devi Vs. State of H.P. & Ors., whereby direction came to be issued to the petitioner-University to release/issue detailed mark sheet of Law degree of the petitioner subject to her furnishing undertaking within a period of one week, to the extent that as and when scholarship amount for the year 2017-18 is received by her, same shall be deposited with the petitioner-University. 2. Though perusal of review petition itself suggests that in terms of afore direction issued by this Court, respondent Ms. Asha Devi has already deposited the scholarship amount and furnished the undertaking, but till date she has not been issued mark sheet. It has been averred in the review petition that while verifying the documents, it transpired that there is a mis-match/ variation in the marks obtained by the petitioner in the second semester. In the green sheet, marks of the petitioner for the second semester have been recorded as 5.87, whereas in the Gazette, same have been shown as 5.84. Since there is a mis-match in the documents qua marks, as detailed hereinabove, petitioner-University is finding it difficult to comply with the mandate contained in the judgment, sought to be reviewed/recalled in the instant proceedings. 3. Since, it is quite apparent from the bare perusal of material adduced on record as well as judgment sought to be reviewed/recalled, that respondent Ms. Asha Devi was admitted in the petitioner-University under the SC Category and from time to time she has been appearing in the examinations, prayer made on behalf of the petitioner-University to modify the judgment, sought to be recalled/reviewed, deserves to be accepted, but in that regard, necessary directions are required to be issued to Superintendent of 2 Police, Solan, who is the Chairman of the Committee constituted by this Court for verification of documents. Since at the time of passing of the judgment, sought to be reviewed/recalled, no plea with regard to mis-match/variation was raised, this Court had no occasion to deal with the same, but now it appears that while complying with the mandate contained in the judgment, sought to be reviewed/recalled, afore fact has emerged. 4. Though there is a mis-match in the marks obtained by the writ petitioner in the second semester, as detailed hereinabove, but once factum with regard to writ petitioner’s having appeared in the examination is not in dispute, detailed mark sheet cannot be denied to her for the reasons, as taken note hereinabove. Since power to make correction in various documents of the petitioner-University on the basis of record has been given to the Superintendent of Police, Solan, being Chairman of the Committee, this Court, to protect the interest of the respondent Ms. Asha Devi, who has been suffering for quite long on account of negligence of the petitioner-University, deems it fit to modify the judgment, sought to be reviewed/recalled, to the extent that Superintendent of Police, Solan, District Solan, being Chairman of the Committee, who is otherwise being represented by Mr. Rajan Kahol, learned Additional Advocate General, shall make necessary corrections in the green sheet on the basis of Gazette. Once such correction is made, certificate/detailed mark sheet, in terms of 3 judgment, sought to be modified/recalled, shall be released forthwith. Since respondent Ms. Asha Devi is suffering for quite long, this Court hopes and trusts that Superintendent of Police, Solan, being Chairman of the Committee shall do the needful in terms of instant order, expeditiously, preferably within a period of one week. 5. In view of the above, judgment dated 22.10.2024, passed in CWP No.10943 of 2023 is hereby recalled and reviewed to the extent that the SP Solan, Chairman of the Committee concerned shall carry out correction in the record/green sheet and thereafter comply with the mandate contained in the judgment by issuing degree/mark sheet of Law to the petitioner, within a period of one week. March 11, 2025 (Sandeep Sharma), (Sunil) Judge 4