Hon'ble A.P. Sahi, J. - (1.) ALL the four petitioners in these three writ petifions have come up with a common prayer for annulling the results of the LL.M. Entrance Examinations, 2010, conducted by the Banaras Hindu University and for a direction to hold fresh Entrance Examinations and to declare the results accordingly. An additional prayer has been made in Writ Petition No. 44713/10 for granting admission to the petitioner therein on the basis of the marks obtained after revaluation.
(2.) THE ground for challenge in all the three writ petitions initially raised was founded on a heavy suspicion and an allegation of violation of procedure and subsequently an amendment was carried out bringing on record certain facts to substantiate the apprehension of the petitioners that irregularities had been established on an enquiry by the University itself. THEse facts relating to the developments, after the complaints were enquired into, are also indicated in the counter-affidavit filed on behalf of the University which has been relied upon by the petitioners in support of their contentions. One of the petitioners in Writ Petition No. 42798/10 appeared in person and the other petitions were represented through their respective counsels. Sri Vinod Kumar Singh, learned Senior Counsel alongwith the Hemant Pratap Singh has appeared for the respondent-University. The pleas raised being common, a counter-affidavit filed on behalf of the University gives reply to all the three writ petitions and the petitioners have also replied to the same. Learned counsel for the parties have advanced their submissions and have consented for the final disposal of the writ petitions on the basis of the existing pleadings. The Banaras Hindu University is established under an Act namely Act No. 16 of 1915 passed by the Parliament. The University has its own statutes and ordinances and Under Section 5-A(3)(b), the Controller of Examinations is Incharge of all examinations to be conducted by the University. The academic affairs of the University are governed by the resolutions of the Academic Council, and the administration by the resolutions of the Executive Council, wherein the Vice Chancellor of the University is the Chairman. The Vice Chancellor also has certain residuary powers under Section 7-C of the Act.
(3.) THIS dispute centres round the irregularities alleged in relation to the 2010 LL.M. two years' Masters Course Entrance Examination, 2010 for which the University has 38 seats to offer. The Entrance Examination was announced to be held on 20th May, 2010 and a brochure was issued by the University which has been brought on record through the counter-affidavit giving the entire information for the said Entrance Examinations. Clause 15 of the said Information Brochure provides for the Entrance Test consisting one paper of 120 minutes duration carrying a total of 450 marks containing 150 multiple choice questions. The mode of answer is through a OMR (optical mark reader) Sheet. The answers had to be attempted by identifying the correct answers and darkening the circle as provided for in the said sheet. The answer sheets were to be evaluated as per the Clause 16 of the Information Booklet through a computerized scanner. Clause 18 clearly prohibits any scrutiny or revaluation of the answer sheets on any ground, and any representation or query with regard to the same shall not be entertained. All the petitioners appeared in the examinations and the results on the first occasion were declared on 26th June, 2010. The petitioner No. 1 in Writ Petition No. 42798/10 Anshuman Pratap obtained Rank No. 91 and the petitioner No. 2 therein Ankit Rai obtained Rank No. 41. Similarly, petitioner Anshuman Singh in Writ Petition No. 46608/10 obtained the 120th Rank. The petitioner in the third writ petition has not disclosed his rank in any of the paragraphs of the writ petition. It is alleged and also admitted by the University that there were certain discrepancies in relation to three candidates in the evaluation by the Computerized Scanner, as a result whereof, the announcement dated 26th June, 2010 was annulled and a fresh result, after rectifying the errors, was announced on 28th June, 2010.;