SHRUTI BARNAWAL AND OTHERS Vs. BANARAS HINDU UNIVERSITY, VARANASI AND OTHERS
LAWS(ALL)-1996-8-158
HIGH COURT OF ALLAHABAD
Decided on August 13,1996

Shruti Barnawal And Others Appellant
VERSUS
Banaras Hindu University, Varanasi And Others Respondents

JUDGEMENT

S.R. Singh, J. - (1.) Heard Sri Shashi Nandan, learned counsel tor the petitioners and Sri V. K. Upadhyaya, learned counsel for the respondent-University.
(2.) The petitioners admittedly appeared in the entrance test held by the Banaras Hindu University, Varanasi for admission in First Year M.B.B.S. Course, 1996, held on 4-6-1996. The result of the said examination was declared on 7-7-1996 and the petitioners were declared duly selected as against the quota of seats reserved for bona fide students of the University, it is also stated that on the basis of the result declared on 7-7-1996, the petitioners were directed to appear for a personal interview on 23-7-1996 in the office of the Director, Institute of Medical Sciences, Banaras Hindu University, Varanasi, but the Vice Chancellor of the University by his order dated 13-7-1996 directed that the declaration of the result on 7-7-1996 could be kept in abeyance and later on by another order dated 18-7-1996, the declaration of the previous result was cancelled and an amended result was declared. The instant writ petition has been filed for issuance of a writ In the nature of certiorari quashing the order dated 13-7-1996, wrongly referred to as the order dated 15-7-1996, as also the subsequent amended declaration of result. The petitioners have also prayed for issuance of a writ in the nature of mandamus commanding respondents to admit them in First Year M.B.B.S, Course on the basis of the result earlier declared on 7-7-1996.
(3.) Argument advanced by Sri Shashi Nandan is that it was impermissible for the University to allow re-evaluation of the answer sheets under the Special Ordinance No. 9, framed by the University, which provides that no facility of re-evaluation of the answer-sheet of pre-medical test would be allowed. Sri V.K. Upadhyaya, learned counsel for the University repelled the argument advanced by learned counsel for the petitioners saying that it was not a case of re-evaluation but it was the case of clerical mistake which had crept in repairing the result due to tho mistake in daughter keys which, according to the learned counsel for the University, were not prepared in the tune to the master key, The learned counsel for the University urged that the aforesaid test was held on the basis of Single paper containing 200 objective type of questions of 3 1/2 hours duration,;


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