Alok Sharma, J. - (1.) BOTH these petitions agitate a common question and are being decided together. S.B. Civil Writ Petition No. 13489/2014 is being taken as the lead case.
(2.) THE case set up by the petitioner is that as a student of B.Sc. Nursing Part -IV, he wrote the examination therein in June, 2014. On the result being declared, he failed in two papers i.e. Nursing Research & Statistics and Management of Nursing Service. Reevaluation as provided for in the governing Ordinances in both the papers was sought, whereupon the petitioner was found have passed in the paper of Management of Nursing Service, yet again failed in the paper of Nursing Research & Statistics. The petitioner now sought his answer -sheet in the paper of Nursing Research & Statistics, under the Right to Information Act, 2005 (hereinafter "RTI Act, 2005") and obtained a photocopy. The case of the petitioner is that he has been unfairly marked in the aforesaid paper of Nursing Research & Statistics and not awarded the correct marks and in the event of his answers to the various questions attempted in the aforesaid paper of Nursing Research & Statistics were fairly marked, he would have secured higher marks and passed the said paper. Terming the assessment of his answer -sheet in the paper in issue as illegal and arbitrary, the petitioner has approached this Court seeking to invoke its extraordinary equitable jurisdiction for doing, what the petitioner terms, justice to him in directing a rechecking of his answer -sheet in Nursing Research & Statistics B.Sc. Nursing Part -IV.
(3.) REPLY to the petition has been filed by the respondent - Rajasthan University of Health Sciences, the examining body. It is denied that the answer -sheet of the petitioner in the paper of Nursing Research & Statistics in B.Sc. Nursing Part -IV was not properly examined. It has been submitted that the examiner had examined all the questions attempted by the petitioner in the paper in issue and awarded marks on his evaluation for each of the answers as reflected in the title page of the answer -sheet in terms of the guidelines of the respondent -University. It has been submitted that the petitioner, in the subject of Nursing Research & Statistics in B.Sc. Nursing Part -IV, attempted four descriptive questions i.e. question Nos. 1, 2, 3 & 7 and one Partwise question (Short Note) comprising of four optional sub -questions and has been marked in each of questions as under: ;