Rajiv Sharma, J. - (1.) HEARD Sri Kapil Dev, Senior Advocate assisted by Mr. Ashwani Kumar, learned counsel for the Petitioners, Dr. Ravi Kumar Mishra appearing on behalf of opposite party Nos. 1 to 3 and Mr. D.M. Shukla, learned Counsel for the opposite party No. 4.
(2.) IN brief, the facts of the present case, as submitted by the learned Counsel for the Petitioners, are that the Petitioners are students of B.D.S. in the institution known as Saraswati Dentral College, affiliated to Dr. Ram Manohar Lohia Avadh University, Faizabad. Sri Kapil Dev, Senior Advocate submits that all the Petitioners appeared in the B.D.S. Fourth Year Professional Examinations conducted by the University in all subjects and did well in all papers, but in some papers, they have been awarded one mark less than the passing marks or round about due to arbitrary, mala fide and discriminatory action of the opposite parties. Hence, they have been declared 'failed' in the respective subjects. According to the University authorities, there is no provision for re -evaluation and re -scrutiny/re -totalling of the subject papers in which the students stand failed.
(3.) SRI Kapil Dev, learned Counsel for the Petitioners submits that in view of the Regulation known as "Regulation for the Degree of Bachelor of Dental Surgery 2007" (hereinafter referred to as the Regulation) framed by the Dental Council of India in exercise of powers as conferred by Section 20 of the Dentists Act, 1948, notified on 25th of July, 2007, published on 10th of September, 2007, there is a provision of re -evaluation, the same is reproduced here -in -below: Re -evaluation: The objective of re -evaluation is to ensure that the student receives a fair evaluation in the university examination and to minimize human error and extenuating circumstances. There shall be two mechanisms for this purpose.;