JUDGMENT Rakesh Tiwari, J.
1. Heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondents and perused the records.
2. By means of this writ petition the petitioner has prayed for the following reliefs :-
(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to product the entire answer-books of every paper of Sociology subject of the petitioner and respondent No. 2 of the M.A. (Previous) and final years 1994 and 1995 examinations.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 1 to give the correct marks on the answer-books of the petitioner and respondent No. 2.
(iii) Issue any other writ, order of direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) To award the costs of the petition in favour of the petitioner.
3. The contention of the petitioner is that she is well qualified and had obtained very good marks in High School, Intermediate and Graduation Examinations. It is contended that the petitioner took her admission in M.A. (Sociology) in National Degree College, Bhogaon, Mainpuri after obtaining permission from the institution, where she is L.T. Grade Teacher. It is alleged that respondent No. 2 in collusion with respondent No. 3, her near relative,, who was a Lecturer in Chitra Gupta Post Graduate College, Mainpuri and with the help of respondent No. 4 have been instrumental in manipulation in the evaluation of the marks. According to the petitioner, respondent No. 2 who is the niece of respondent No. 3 had obtained more marks than the petitioner due to collusion. In this regard reliance has been placed on Annexure-5, Annexure-6 and Annexure-7 annexed with the writ petition. Annexure-5 is the copy of application of the petitioner dated 25.5.96 by which she has informed the Vice Chancellor, Agra University, Agra that respondents No. 3 and 4 are colluding in order to manipulate that the petitioner gets less marks and the answer books may not been sent to Chitra Gupta Post Graduate Degree College, Mainpuri, where respondent No. 2 was studying as her relative was in collusion with respondents No. 3 and 4 for giving illegal benefit to respondent No. 2. Annexure-6 is the copy of another application dated 10.11.96 by which a request has been made by her that answer- books of the petitioner and respondent No. 2 may be re-examined by some independent person, otherwise she will suffer irreparable injury. Similar application dated 11.3.1996 which has been annexed as Annexure-8 to the writ petition.
4. In Paragraphs 22 and 23 of the writ petition, the petitioner has stated that this Court may call for the answer-books and get them checked or appoint another independent examiner to scrutinize the entire answer-books of Sociology of the petitioner as well as respondent No. 2.
5. Chapter XXV, Rule 19 of the syllabus Calendar of Agra University provides for scrutiny of answer books by the University. It appears from the facts stated above that the University was apprehensive of collusion and manipulation between respondents No. 3 and 4 and as such the Head of the Department of Sociology of National Degree College, Bhogaon, Mainpuri wrote a letter to the Kul-Sachiv, Agra University, Agra on 16.8.95. It appears from the averments made in Paragraph 10 of the writ petition that respondent No. 2 has not done well in his previous examination as well as in the examinations of M.A. previous and final in the year 1994 and 1995. The petitioner may not have been evaluated fairly by the examiner of Chitra Gupta Post Graduate Degree College, Mainpuri, where respondent No. 2 was studying and her relative was a Lecturer. This also appears to be the position from the communications of the University and the petitioner.
6. It is the duty of the Court not only to see that justice is done but also to ensure that no injustice is done.
7. In view of the facts stated above, it would be expedient in the interest of justice that the answer-books of four papers in Sociology of the petitioner as well as respondent No. 2 may be got evaluated by the Agra University by an independent Examiner preferably from another university within a period of one month from the date of production of a certified copy of the order. Ordered accordingly.
8. With the aforesaid directions the writ petition is disposed of finally. No order as to costs.