JUDGMENT :

DINESH MAHESHWARI, J.

Leave granted.

2. Having regard to a short point involved, we have heard learned counsel for the contesting parties finally at this stage itself.

3. The appellant–Dr. B R Ambedkar University, Agra¹[Hereinafter referred to as ‘the appellant-University’.] has preferred this appeal being aggrieved by the judgment and order dated 21.05.2019, as passed by the Division Bench of High Court of Judicature at Allahabad in Civil Misc. W.P. No. 871 of 2019, whereby the High Court has allowed the writ petition filed by the respondent No. 1²[Hereinafter referred to as ‘the writ petitioner’], seeking issuance of a writ of mandamus for re-checking of his answer sheet of Paper-II of the subject Physiology through different examiners and to accept the amended result, if marks were increased in re-checking.

3.1. While dealing with the writ petition aforesaid, the High Court, after taking note of the peculiar facts and circumstances of the case, got the answer sheet in question re-evaluated from three different examiners and, after noticing that the re-evaluated marks awarded by three different examiners were broadly similar but were much higher than the original marks, ordered that average of the marks so awarded by the three examiners be awarded to the writ petitioner in relation to the said Paper-II of Physiology. Not only this, the High Court further proceeded to award costs in the sum of Rs. 1 lakh to the writ petitioner with liberty to the appellant-University to recover the amount from the examiner concerned, after such inquiry as provided in law. Yet further, the High Court provided that if any student who had appeared in the examination of the University in the preceding three years were to apply for re-assessment/re-evaluation, the same be not declined only on the ground that no such procedure was prescribed in the Statute of the University. The High Court further directed that a copy of the judgment be forwarded to the Secretaries of Higher Education and Secondary Education Departments to look into the matter and to ensure that evaluators were deployed ‘in a reasonably efficient manner’.

4. With reference to the subject-matter of the writ petition, the nature of order passed by the High Court and challenge thereto in the present appeal, we may take note of the relevant background aspects, in brief, as follows:

4.1. The writ petitioner of this case (respondent No. 1 herein), being a student of M.B.B.S. Course at S.N. Medical College, Agra, affiliated to the appellant-University, appeared in M.B.B.S. (1st Professional) Examination held in the month of December, 2018. In the result of the said examination, the writ petitioner was declared as failed even after securing 344 marks out 600 for the reason that in Paper-II of Physiology, he got only 6 marks out of 50.

4.2. Dissatisfied with the marks so awarded, the writ petitioner obtained a copy of the answer sheet of the said Paper-II of Physiology and also applied for scrutiny of marks and re-checking of answer sheet. When no action was taken by the appellant-University for scrutiny or rechecking, the writ petitioner approached the High Court, seeking the following reliefs:-

“A. Issue a writ of Mandamus directing the respondents to get the answer sheet of the Petitioner be rechecked through different examiner so that a proper checking of the answer-sheet of the Petitioner for Paper-II subject Physiology for M.B.B.S. (1st-Prof) Examination 2018 is done and it is further prayed that this Hon'ble Court may also be pleased to direct the Respondents that in case the marks of the Petitioner are increased in the rechecking then an amended result may also be issued in favour of the Petitioner within a stipulated time as may be directed by this Hon'ble Court.

B. To issue any other suitable writ, order or direction in favour of the petitioner as this Hon'ble Court may deem fit and proper in the present facts and circumstances of the case.

C. Award cost of the petition in favou