If you are stuck in such a situation, here is what to do.

A B.Tech Chemical Engineering student, Mr. Rohan Sharma, from the 2021-2024 batch at Apex Science College, affiliated with the National Technological University in Chandrapur, has raised a serious issue of arbitrary evaluation. In his final year, he was unexpectedly awarded a zero in the ‘Advanced Thermodynamics’ paper. Despite his efforts to seek clarification through paper reviews and meetings with college faculty and university officials, he received no assistance.

Forced to seek transparency, Rohan filed a Right to Information (RTI) application and obtained a photocopy of his answer sheet. However, when he sought guidance on the next steps from his Head of Department, teachers, and other faculty members, he was met with silence. Consequently, he had to reappear for the examination the following year with the junior batch. The results, released recently, were shockingly the same: another zero. Rohan insists he studied diligently for the re-test and the exam went well.

This ordeal has severely impacted his future. He had dedicated the past year to learning programming and data science, aiming for a post-graduate course in a reputed private college, for which he had already cleared the entrance test. His preparations for other competitive management entrance exams have also been derailed. An independent analysis of his previous year’s paper using an AI tool suggested he should have passed comfortably.

Rohan feels deeply let down by the educational system, alleging that he was not only disbelieved but also subjected to mental harassment and manipulation by the authorities when he tried to follow the proper procedure. This situation has left him heartbroken and searching for a way forward.

Advice in such cases

• Gather all documents, including your mark sheets, admit cards, correspondence with the university, RTI applications and replies, and copies of your answer sheets.
• Document every interaction: note down the date, time, and name of the official you met, and summarize the conversation. If possible, communicate via email to have a written record.
• Do not get disheartened by the lack of response from the college or university. Their inaction itself can be a ground for legal action.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation primarily falls under the domain of Administrative Law and Constitutional Law, not criminal law. The main legal remedy is to challenge the arbitrary and unfair action of the university.

• Article 226 of the Constitution of India: This allows a person to file a Writ Petition in the High Court against a state authority (which includes government-funded or recognized universities) for the violation of their fundamental or legal rights. A writ of Mandamus can be sought to compel the university to re-evaluate the paper fairly, and a writ of Certiorari can be sought to quash the arbitrary results.
• Principles of Natural Justice: The university’s actions can be challenged on the grounds that they violated principles of natural justice, such as ‘Audi alteram partem’ (the right to be heard) and the rule against bias. The university has a duty to act fairly, and failing a student twice with a zero without any justification is prima facie arbitrary.
• University Grants Commission (UGC) Regulations: The university is bound by UGC regulations concerning examinations and student grievance redressal. A complaint can also be filed with the UGC’s student grievance portal.

If you are the complainant

• Your first step is to consolidate all your evidence in chronological order. A well-organized file is crucial.
• Draft a final, comprehensive representation or legal notice to the Vice-Chancellor of the University and the Controller of Examinations, detailing the entire sequence of events and demanding a fair re-evaluation by an independent subject expert.
• Set a reasonable deadline (e.g., 15 days) in the notice for them to respond.
• If the university fails to provide a satisfactory resolution, you must proceed with legal action.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Understand that you are a victim of institutional apathy and potential arbitrariness. Your career and mental well-being are at stake.
• Seek support from family, friends, and professional counselors to cope with the mental stress.
• Remember that the law provides remedies against such unfair treatment by public authorities. You are not helpless.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police generally have no role in matters of academic evaluation. This is a civil dispute between a student and a university, not a criminal one. The police would not register an FIR for being failed in an exam. They will rightly advise you to approach the university’s grievance cell or the courts. Police intervention would only be warranted if there were specific criminal allegations like forgery of your answer sheet by an official, criminal intimidation, or a demand for bribes, which would require separate proof.

FAQs people normally have

What evidence is required?

To build a strong case, you will need:

• All your academic records (mark sheets, certificates).
• Admit cards for both examinations.
• The copy of the answer sheet obtained through RTI.
• Copies of all RTI applications and the replies received.
• Copies of any letters, emails, or representations submitted to the college/university.
• Any evidence of your academic performance in other subjects to show a consistent record.
• The AI analysis report of your paper can be submitted as supplementary material to show your diligence.

How long will the investigation take?

Since this is not a police investigation, the timeline depends on the legal process. Filing a writ petition in the High Court can be a relatively swift process. The court might hear the case for admission within a few weeks. It may pass interim orders, such as directing an independent re-evaluation, pending the final decision. The entire process, from filing to a final judgment, can take several months to over a year, depending on the complexity of the case and the court’s workload.

Advocate Sudhir Rao, Supreme Court of India