Manoj Kumar Gupta, J. - (1.) Heard counsel for the parties.
(2.) The instant writ petition has been filed by the petitioner, who is a student of B.Sc. (Nursing) praying for quashing of clauses V & VI of Press Notification dated 20.5.2016 issued by Controller, Examination Committee, Chhatrapati Sahu Ji Maharaj University, Kanpur. These clauses are extracted below : - TABLE NOT FOUND
(3.) The challenge to the aforesaid clauses has been made in context of the petitioner having applied for re-evaluation of his answer book of third paper of Mental Health Nursing of B.Sc. (Nursing) II year Examination 2015-16 held in June 2017. The petitioner was awarded 29 marks in the said paper. As per the challenge evaluation procedure notified by the impugned Press Notification, the copies are again evaluated by two different Examiners and in case, the difference of average marks awarded by the two Examiners is more than 15% of the maximum marks, then alone modification in the marks originally awarded is made. The maximum marks was 75, thus, 15% of it comes to 11.25 marks. The petitioner as a result of evaluation by two Examiners obtained average marks of 40, which results in average increase of 11 marks, which is thus less than 15%. Consequently, the University has refused to carry out change in the marks originally awarded to the petitioner in the said subject.;