- (1.) Petitioners herein, are M.B.B.S. students serving in the opposite party no.3 institution which is affiliated to Dr. Ram Manohar Lohiya Awadh University, Faizabad (in short "the University"). They have approached this Court seeking a writ of mandamus commanding the respondents to evaluate the answer sheets of the petitioners and permit them to join regular classes of second year M.B.B.S. Course till the result of re-evaluation is declared. No interim stay order was passed in favour of the petitioners. Instead, on 30.10.2013, the following order was passed by this Court: "No exceptional circumstance has been shown to the court to justify the order for re evaulation of the papers of the petitioners. On request of learned counsel for the petitioners, list this case after ten days.".
(2.) The contention of the petitioners that they have appeared in the M.B.B.S. First year Main Examination and when the result was declared, it transpired that they failed in some of the subjects. The supporting documents/marksheets, contained in Annexure-2 to the writ petition, show that the petitioners have failed in some of the papers of Anatomy, Physiology and Bio-Chemistry. In some of the papers in which they have failed, they have been awarded one or two marks while in others they have been awarded 4-12 marks out of 50. The petitioners applied for scrutiny but their marks did not undergo any change as a result thereof. Petitioners have already appeared in the supplementary examination held for the subjects in which they had failed and the result is likely to be declared shortly. They came to know that in other cases re-evaluation of answer sheets have been done under the orders of the High Court and as a result thereof, the concerned students were awarded enhanced marks therefore they have also approached this Court. In support of their contention details have been given which is contained in Annexure-3A and 3B to the writ petition.
(3.) The only case of the petitioners is that they are meritorious students and awarding of such low marks creates a reasonable doubt about the manner in which their answer sheets have been evaluated, therefore, the same should be re-evaluated, otherwise great prejudice and injustice would be caused to them.;