ARPIT JAIN Vs. ANURAG KUMAR TIWARI

JUDGEMENT

(1.) This is an appeal questioning the correctness of the judgment of the learned Single Judge whereby an order passed by the Vice Chancellor of the Banaras Hindu University dated 6.4.2010 and the consequential notification dated 13.4.2010 have been quashed in relation to the 2010 Post Graduate Admission Test in M.D./M.S. Courses against 43 seats for internal candidates.

(2.) The appellants before us are the respondents in the writ petition and they submit that the order of the Vice Chancellor ought to have been upheld as the procedure adopted by the two Incharge Professors of Examination for preparing the results had vitiated the process of evaluation of the OMR sheet of the examination, and as such the Vice Chancellor was perfectly justified in issuing the direction for holding a fresh examination.

(3.) The facts in short necessary for the adjudication for the present controversy are that the University runs a Medical Institute with provisions for Post Graduate courses in Medical Science and the process for admission, conduct of courses and holding of examinations, followed by award of degree are governed by the provisions of the Banaras Hindu University Act, the Statutes framed thereunder and the Ordinances adopted by the University read with circulars and decisions of the University regarding procedure for the holding of such examination.