GULSHAN GROVER Vs. M D UNIVERSITY ROHTAK

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the Ordinance Re-evaluation of Answer Books, Rule 1(b), debarring the students of courses being run in the Medical College from Re-evaluation of the Answer Books, which is permissible to students of all other Universities, being arbitrary, discriminatory and violative of fundamental rights granted under Art. 14 of the Constitution of India. It has also been prayed that the respondent-University be directed to re-evaluate the answer-books of papers I and II of the petitioner M.B.B.S. / B.D.S. Entrance Examination, July, 1994, conducted by the University.

(2.) Notice of motion was issued to the respondents and written statement on behalf of the respondents has been filed. In the written statement, it has been stated that the provisions of the Ordinance governing Re-evaluation of Answer-Books challenged in the writ petition are not relevant to the present case as the present case is governed by the provisions of the prospectus. It has further been stated that there is no provision for re-evaluation of the answer-books in the prospectus for M.B.B.S./B.D.S. Examination, 1994.

(3.) Mr. Lakhanpal, learned counsel appearing on behalf of the petitioner, submitted that as per the Ordinance regarding Re-evaluation of Answer-Books, the re-evaluation is permissible in cases of annual/ supplementary and semester examinations, conducted by the respondent-University except in courses being run in the Medical Colleges. He, therefore, contended that this was arbitrary and in violation of the Constitution of India.