D.P.SINGH, J. - (1.) HEARD Shri Jagdish Pathak for the petitioner and Shri Anil Tiwari for the respondent University.
(2.) THE petitioner, a B.Sc student of Post Graduate College, Ghazipur, an affiliated college of Veer Bahadur Singh Purvanchal University (hereinafter referred to as the University), appeared for the 3rd year examination in the session 2006-2007. When the results were declared and mark sheet was distributed, he found that he has passed the examination in second division over all obtaining 914 out of 1800 marks. However, in Chemistry he secured only 66 out of 200 marks in the three theory papers, which, according to his expectation was much low and, therefore, in accordance with the Rules and Ordinances he applied for taking the improvement examination in the three Chemistry theory papers. After accepting his declaration the University allowed the petitioner to appear for the improvement examination and on declaration of the results he was shown to have secured only 55 out of 200 marks and, therefore, over all he was declared to have failed. Thus, the present petition for the following reliefs has been filed: (a) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to produce the answer book of the petitioner in Chemistry I and II paper of B.Sc-III year (Improvement) Examination, 2007. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 to give correct marks after proper evaluating the answer book of the petitioner in Chemistry I and II paper of B.Sc-III year (Improvement) Examination, 2007 and further issue the marksheet accordingly. The three answer books were summoned which were also examined by the petitioner and the Court but, it is apparent that the marks reflected in his mark sheet were the same which were given by the examiner hi the three papers.
(3.) HOWEVER , now the contention of the petitioner is that he should be declared as having passed his B.Sc examination on the basis of the original part III marks in the subject of Chemistry and the result of the improvement examination be ignored. In support of his prayer he has relied upon a judgment of the learned Single Judge of this Court rendered in the case of Pratibha Maurya v. State of U.P. and four others (Writ Petition No. 55628 of 2006), decided on 28.11.2006.;