ANIL KUMAR,J. - (1.) FACTS in brief as submitted by the learned counsel for the petitioner are that petitioner appeared in B.Sc. Part I examination, 2010 whose Role no. was 348816 conducted by Dr. Ram Manohar Lohiya University, Faizabad. In the said examination, answer books of Zoology, Botany and Chemistry as per the version of the petitioner, has not been examined properly by the examiner, as such petitioner filed present writ before this Court with the main following prayers :- I.a writ, order or direction in the nature of mandamus commanding to opposite party no. 2 to provide the photocopy of the Answer book of the Zoology-III paper and Botany-I paper of the petitioner. II.a writ order or direction in the nature of mandamus commanding to opposite party no. 2 to reevaluate the answer book of the Zoology-III paper and Botany-I paper of the petitioner by any other competent examiner.
(2.) SRI Jitendra Kumar Pandey, learned counsel for the petitioner while pressing the above said reliefs submits that although there is no provision in the Rules and Regulations which governs the filed of the Dr. Ram Manohar Lohiya University for re-evaluation of the answer books but he submits that in view of the law as laid down by this Court in the case of Vice-Chancellor, Veer Bahadur Singh Purvanchal University, Jaunpur and others Vs. Smt. Shashikala and another [2009(2) ESC 1223(ALL)(DB)], the relief claimed by the petitioner may be considered and granted to him in the interest of justice. Dr. Ravi Kumar Mishra, learned counsel for the respondent no. 2 on the other hand opposed the said request made on behalf of the petitioner and submits that once there are no Rules and Regulations in respect to re-evaluation of the answer books in respect to the examination conducted by the Dr. Ram Manohar Lohiya University, Faizabad, then the petitioner is not entitled for any relief as claimed by him in the present writ petition. I have heard learned counsel for the parties and perused the record.
(3.) FACTS of the case are not disputed and admittedly, the petitioner who appeared in the B.Sc. Part-I examination, 2010 conducted by Dr. Ram Manohar Lohiya University, Faizabad and secured less marks in the subject of Zoology-IIIrd paper, Botany-Ist paper, hence the present writ petition has been filed for redressal of his grievances.;