LAWS(RAJ)-2023-7-43

SHASHANK KATARA Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

Decided On July 31, 2023
Shashank Katara Appellant
V/S
RAJASTHAN UNIVERSITY OF HEALTH SCIENCES Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been preferred seeking the following reliefs:

(2.) As per the pleaded facts, the present petitioner is a student of Bachelor of Medicine and Bachelor of Surgery of American Medical College, Udaipur which is affiliated with the respondent no.1-University. The petitioner appeared in the First MBBS (Main Exam) conducted by respondent no.1, however, was declared fail in the same. Thereafter, the petitioner applied for revaluation of his answer-sheets, and upon the same, as the petitioner was still dissatisfied with the marks awarded to him, he applied for supplying him copy of his answer-sheets under the Right to Information Act, 2005 (hereinafter referred to as 'RTI Act'). Subsequently, the petitioner was supplied with copies of his answer-sheets for ' Biochemistry Subject Paper I Sec. A, Biochemistry Subject Paper II Sec. A and Biochemistry Subject Paper II Sec. B.

(3.) Learned counsel though the petitioner for the petitioner submitted that even gave correct answers in the examination, the respondent either did not award any marks or awarded lesser marks, which is clear from a bare perusal of the question No. 4(c) of Biochemistry Paper II, as even though it was attempted, but the same was not checked; further, in respect of Paper I as well, the petitioner was awarded only two marks instead of two and a half marks.