VISHVA VAIBHAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner is a student of the Bachelor of Dental Surgery Course at the K.D. Dental College and Hospital, Mathura, an affiliate college of the Dr. Bhimrao Ambedkar University, Agra. The petitioner was admitted to the Bachelor of Dental Surgery Course during the Academic Year 2014-15. He asserts that he has performed very well in the academic curriculum. He has appeared in the final professional examination under Roll no. 178627762009 and Enrollment no. 13572. It is his case that he was declared ''Failed' in two papers, to wit, Conservative Dentistry and Endodontics (Paper-4) and Prosthodontics and Crown & Bridge (Paper-7). The petitioner says that he wanted a re-evaluation of his marks obtained in each of these papers because ''he believes that his answer scripts were not properly evaluated' to borrow the words of the petitioner's assertion in paragraph no.7 of the writ petition.

(2.) It is also pleaded by him that looking to his past academic record, he expected much higher marks than those that have been awarded. He has also asserted in paragraph no.8 that he has secured copies of the scripts relating to the two papers in question and found the answers not to be correctly evaluated by the Examiners. He has pleaded in paragraph no.12, the details of the errors, that are subject matter of action here. It is pointed out that the petitioner applied for an online re-evaluation of the two papers, paying the requisite fee. After re-evaluation, there was a result of ''No Change' in both the papers. The petitioner thereupon moved an application to the Vice Chancellor and the Registrar of the Dr. Bhimrao Ambedkar University, Agra, seeking redress against the improperly done re-evaluation. No action being taken by the Vice Chancellor or the Registrar of the University, the petitioner has instituted this writ petition. He has prayed that a mandamus commanding the respondent University and the Vice Chancellor be issued to cause re-evaluation of the petitioner's answer book in the subject papers of Conservative Dentistry and Endodontics (Paper-4) and Prosthodontics and Crown & Bridge (Paper-7) of the B.D.S. Fourth Professional Examination, with a further direction that he be caused to be given correct marks after re-evaluation, within a period of time to be specified by this Court.

(3.) Heard Mr. Anirudh Kumar Upadhyay, learned Counsel for the petitioner, Mr. Gagan Mehta, learned Counsel appearing on behalf of respondent nos.2, 3 and 4 and Mr. Sriprakash Singh, learned Standing Counsel appearing on behalf of respondent no.1.