Nishthaa Garg vs The Registrar Kurukshetra University
2024 Latest Caselaw 5666 P&H

Punjab-Haryana High Court

Nishthaa Garg vs The Registrar Kurukshetra University on 13 March, 2024

Author: Anil Kshetarpal

Bench: Anil Kshetarpal

                                Neutral Citation No:=2024:PHHC:036763




                                              2024:PHHC:036763
124 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                        RSA-990-2021 (O&M)
                                        Date of decision: 13.03.2024
Nishtha Garg
                                               ....Appellant

             Versus

The Registrar, Kurukshetra University
                                              ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:-    Mr. Sarthak Gupta, Advocate, legal aid counsel
             for the appellant

ANIL KSHETARPAL, J (Oral)

1. This is the plaintiff's Regular second appeal against the

judgment passed by the First Appellate Court, which in turn has reversed

the judgment and decree passed by the trial court. The appellant was a

student of Swami Devi Dayal Institute of Engineering and Technology,

District Panchkula. She appeared in first semester examination of

B.Tech held by Kurukshetra University, but she could not qualify the

examination. However, upon re-evaluation, it was found that two

questions were not marked by the examiner. The result was refused and

the score of the appellant was increased from 23 to 41. She filed a suit

for recovery of the damages on account of mental harassment. The trial

court awarded Rs.1,00,000/-, however, the First Appellate Court

reversed the same on the ground that no evidence has been led to prove

any financial loss.

2. Heard the learned counsel representing the appellant at

length and with his able assistance perused the paperbook.

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Neutral Citation No:=2024:PHHC:036763

RSA-990-2021 (O&M) 2 2024:PHHC:036763

3. Learned counsel representing the appellant contends that the

appellant has mental trauma as her answer sheet was not properly

checked. He submits that the court should have granted some

compensation even if there was no direct evidence to prove the financial

loss.

4. This Court has considered the submissions made by the

learned counsel representing the appellant.

5. Before awarding damages, the plaintiff was required to lead

evidence to prove actual loss, however, she has failed to prove that. The

First Appellate Court has concluded that two questions were not marked

due to bonafide mistake. Even the examiner, who checked her answer-

sheet, has appeared in evidence as DW2 and stated that she was not

aware about the identity of the candidate. It has been stated that there

was a bonafide mistake in failing to award marks for two questions.

6. Keeping in view the aforesaid facts, no ground to interfere

is made out.

7. Hence, dismissed.

8. All the pending miscellaneous applications, if any, are also

disposed of.

13.03.2024                                      (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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