JUDGMENT :

Sudhir Agarwal, J.

Heard Sri Zain Abbas, learned counsel for petitioner, learned Standing Counsel for State-respondent and Sri Ashok Mehta, Senior Advocate assisted by Sri Gagan Mehta, learned counsel for University-respondent 3.

2. This writ petition under Article 226 of Constitution of India has been filed by sole petitioner Devarsh Nath Gupta, undergoing medical course i.e. Bachelor of Medicine, Bachelor of Surgery (hereinafter referred to as 'M.B.B.S.') in S. N. Medical College, Agra (hereinafter referred to as 'S.N.M.C.') affiliated to Dr. B. R. Ambedkar University, Agra (hereinafter referred to as 'Agra University'), it is a clear illustration of irresponsible and unaccountable act of Examiners in performance of their duty of evaluation of answer sheets, causing great loss to Examinees.

3. Many or most of the matters, where such negligence is shown by Examiners, remain uncomplained of, since, Students/Examinees lack resources or information, or, many times do not have requisite awareness as to how such situation be dealt with, hence permanently suffer on account of scrupulous act of such Examiners, as has been done in the present case.

4. Petitioner, a meritorious Student, over all A1 Grade (Grade A1, 9.6 in Class X and about 90 per cent marks in Senior School Certificate Examination 2016), secured 6906 All India Rank in National Eligibility cum Entrance Test, 2017 (99.36 percentile scored). He got admission in M.B.B.S. Course in S.N.M.C., Agra which is affiliated to Agra University. He appeared in M.B.B.S. (Ist Professional) Examination held in December 2018. In Second Paper of Physiology, out of 50 he was awarded only 6 marks, though secured 344 marks out of 600, but declared fail. He submitted an application dated 15.12.2018 for scrutiny of marks and rechecking of answer sheet, but no action was taken by University. Thereafter, under the provisions of Right to Information Act, 2005 (hereinafter referred to as 'Act, 2005'), he on 14.12.2018 applied for a copy of answer sheet of above paper.

5. Question paper of Physiology, Paper-II, M.B.B.S. (Ist Professional) Examination 2018, contained only five questions. First four questions were descriptive of 10 marks each and fifth question required Examinees to write short notes on two aspects, having 5 marks each.

6. Answer sheet was supplied to petitioner showing that virtually it was not evaluated by Examiner at all. In an abrupt manner, in three questions, he was awarded 2 marks each, though no answer was found wrong.

7. Thereafter, this writ petition was filed seeking 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. (Ist Prof) Examination 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 favour of the petitioner."

8. Initially, when this matter came up before this Court on 18.01.2019, Sri Gagan Mehta, learned counsel for Agra University informed that result of scrutiny will be declared, therefore, two weeks' time was allowed. Thereafter, matter could not be taken up and came up before this Court on 12.04.2019. In the meantime, an affidavit was filed by respondent 3 i.e. Agra University stating that Examination Controller had issued directions/orders to all Examiners to check answer sh