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2023 Supreme(SC) 322

DINESH MAHESHWARI, SANJAY KUMAR
B. R. Ambedkar University – Appellant
Versus
Devarsh Nath Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Astha Sharma, AOR, Mr. Ravinder Singh, Adv., Mr. Srisatya Mohanty, Adv., Ms. Raveesha Gupta, Adv., Mr. Sanjeev Kaushik, Adv., Ms. Mantika Haryani, Adv., , Mr. Shreyas Awasthi, Adv., Mr. Himanshu Chakravarty, Adv., Mr. Devvrat Singh, Adv., Ms. Muskan Surana, Adv.
For the Respondent: Mr. Syed Mehdi Imam, AOR, Mr. Atif Suhrawardy, Adv., Mrs. Shamama Anis, Adv, Mr. Tabrez Ahmad, Adv., Mr. Omar Siddiqui, Adv., Mr. Ardhendumauli Kr. Prasad, AAG, Mr. Vishnu Shankar Jain, AOR, Ms. Marbiang N. Khanwir, Adv., Mr. Ashish Madaan, Adv.

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, ord


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