• Internal assessment marks under DU - redressal of grievances

My daughter had taken admission in B. Sc.(H) Physics in yr. 2010 in Delhi in a college of DU. I was a year when DU had introduced semester system and due to which many agitations and problems were created by teaching staff. Then, by her college, she was not got noted/ apprised about the marks awarded to her against her Internal Assessment section (maximum 25 marks per paper). Now, by 2014, she has cleared her all papers of all semesters with more than 60% marks except her Chemistry paper in which she got 05/25 marks in IA section and 33/75 in Theory section and consequent to the shortage of only 02 marks, she got ER in this Chem. paper. Since her college did not apprised her IA marks earlier before sending it to university, she could not appeal formally against it within prescribed time period but she had been getting it chased for the last four years. It is also to be apprised that college has not any academic record for the yr. 2010 and it was told it a time barred case.
Now, last month, college authorities have processed and forwarded her " IA change request form " (to be changed from 05 marks to 08 marks, as she needs only 02 more marks it was ok to her) to DU authorities. It shows that college has accepted its mistake. But now DU has turned downed her said change request. Since she has to save her precious year and her admission taken in B,Ed. for the session 2014-15, she urgently need helps. Please suggest the course of actions available as per rules/law, so that we may get certain success (getting the said IA change request accepted from DU) with least expenses and within shortest time period. Hoping for earliest reply/help.
Thanks. M. K. Sharma.
Asked 2 years ago in Civil Law from Delhi, Delhi
Hello,
You need to approach the university with a proper application to accept the change of IA
Demand in writing the reason for not admitting the request.
Send a legal notice to the university to follow up with a civil suit to get a declaration of the change made by the college and direct the university to accept the change.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) the DU has refused to accept the change  in marks awarded by the college in IA from 05/25 to 08/25 

2) in such a case you have to contact a local lawyer and issue notice to DU to accept the chnage in marks awarded by the college . 

3) if DU refuses to accept the change your best  remedy is to file writ in delhi HC against the university
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
The best remedy is to approach high court against the marks awarded in internal assessment and is done to due to personal grudge and asking to reasses the marks given and give direction to the university for the same
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Send a legal notice through a lawyer to DU for accepting change of marks awarded by college. In case, the same is not done or refused after service of legal notice, file writ petition in High Court for necessary directions to DU
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. College is the authority to award marks,

2. Your daughter's college has already changed her awarded  marks from  05/25 to 08/25 which should be treated as final as regards her marks are concerned,

3. DU has no scope to disallow such change of awarded marks by the college prejudicing your daughter's interest,

4. If DU finds any fault with the college, it should take action against the college,

5. File a writ petition against DU before the High Court making the college also a party praying for direction upon the DU to accept the change of awarded marks of the college immediately since it it is urgently required by your daughter to pursue her B.Ed Course.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
file writ of MANDAMUS in delhi high court against DU so that DU accept the change of awarded marks of the college .
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. The marks awarded by college to your daughter @ 5/25 in IA and 33/75 in theory in chemistry could not have been changed by DU as college and not university is the authority to award the marks. It is wrong on your part to equate with acceptance of mistake the act of college to forward to DU the request of your daughter to change her marks from 5/25 to 8/25. No court will recognize it as an ''acceptance of mistake'' by the college. This defence may rather prove counter productive to your daughter in the court. If the college had accepted the request of enhancement of marks of your daughter and forwarded it to DU then DU could not have disallowed it under any circumstances.

2. Has your daughter received a written communication from DU turning down her request to enhance her marks in IA from 5 to 8? 

3. The only legal remedy which will subserve your daughter's interest by saving her precious academic year is to move the Delhi High Court against DU and the concerned college seeking an order to DU to allow the change in marks from 5 to 8 in IA awarded by the college of your daughter. This legal remedy alone can produce the desired result for your daughter. Do not delay initiating the legal process as delay in pursuing the remedy before the High Court may foreclose it.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Immediately file a writ petition in Delhi High Court. .
H. S. Thukral
Advocate, New Delhi
519 Answers
125 Consultations
5.0 on 5.0
if university has turned the change request file WP in Delhi high court . society should also be made  party to said petition . seek direction to DU to accept change of marks awarded by college
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
file writ of MANDAMUS in delhi high court against DU so that DU accept the change of awarded marks of the college 

as advised to u earlier.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. The college has changed the awarded marks of your daughter,

2. It is thus accepted by the college that your daughter had received higher marks than what they had mentioned ealier,

3. This is the mistake of the college and not your daughter's,

4. File a writ petition before the High Court as suggested in my earlier post,

5. It is a good case to win.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. The college has indubitably failed in its duty. This failure in duty entitled your daughter to immediately bring legal action in a court of law, but she did not do so.

2. The college authorities followed a dilly-dallying approach, which again entitled you daughter to move to court. From my personal experience, dating back to my time in the university, I can vouch that college and department people impede the rights of a student.

3. As I suggested earlier, the only legal remedy open to your daughter is to move the High Court. After she receives the said letter on 25th she should immediately move the Delhi HC to reap the fruit of her struggle against the college and university authorities. She has a good case, but further delay in bringing the requisite legal action might draw curtains on her only remedy under the legal framework.


Best wishes
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hello
You need to move the High Court  and file a writ petition to get a directive issued to the DU
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
You move to high court as you said there are three criterial in getting assessment mark and there will be a minimum mark for each criteria then how come she is awarded 5 and then 8 .file a writ petition against the grudge and ask them to rejudge the assessment by keeping another person
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
file writ of MANDAMUS in delhi high court against DU so that DU accept the change of awarded marks of the college as advised by me to you.

i. cannot predict

ii.search from kaanoon list.

iii.cannot say about time.

iv.depend on lawyer you choose.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. There is only one option i.e to move Delhi High Court. Issuing a lawyer's notice will be an exercise in futility, as DU will in response to your lawyer's notice, merely reiterate its stand. This is the standard practice followed by it and all other educational institutions.. Therefore, initiate the required legal proceedings right away in the High Court without wasting time on issuing lawyer's notice to DU and college.

2. No lawyer can ever foretell the success or failure percentage, moreover it is unethical to do so. One hallmark of a court room proceeding is uncertainty of its result. While your daughter does have a very good case, nobody can guarantee the result.

3. You may search the required lawyers from this website itself.

4. Time that will be consumed by the court cannot be predicted. You must be knowing that Indian courts are reeling under a crushing backlog of cases, on account of which the time taken for deciding a case is more than usual. It may take a few months for the court to pronounce its judgment, albeit she will in the meanwhile be allowed to pursue her B.Ed. course.

5. Charges will be the legal fee of your lawyer which he alone can tell.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
I have already told you to file a writ in the high court .lawyers fee depends on the person you choose or you can directly file a writ in the high court
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1)no lawyer can guarantee results of litigation . 

2)you will have to search in this website for lawyers practising in delhi high court 

3)courts are over burdened with cases .huge backlog of cases . we cannot say how long Delhi HC will take in disposing your cases 

4) legal fees vary . we cannot say what would be the fees charged by Delhi HC lawyer .
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
1. In this case there is no change of marks at all,

2. It is correction of the tabulatory or typographical mistake committed by the college,

3. File WP immediately,

4. It should not take more than 1 months if tyhe case is brought to the list after mentioning,

5. Chgance of winning is good and fees vary from lawyer to lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. The representation is ok. Let your daughter send it.

2. DU will in all likelihood sleep on your daughter's representation. If no reply is received within a week then initiate the required legal proceedings.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) your daughter should sign representation and send it registered post AD or courier . 

2) in case no reply is received within period of 15 days file WP as advised earlier
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
ur review petition is perfect and  send it asap.if no positive action is taken by DU then file writ of mandamus in HC.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
It is better with no time you file a writ and seek direction to reasse it again
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Send the said petition by Speed Post and collect the printout of the track record,

2. The petition will, most likely, not be addressed,

3. If no action is taken within next 15 days, file the Writ Petition before the High Court as has been suggested in earlier posts.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
Immediately file a writ
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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