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2. That the original writ petitioners appeared in post-graduation diploma course conducted by the appellant – University. There was a digital evaluation of the answer scripts. In the first round of litigation, certain directions were issued by the learned Single Judge how to evaluate the answer scripts. The respective students – original writ petitioners were not satisfied with the evaluation of the answer scripts and therefore they filed writ petitions before the learned Single Judge praying for re-evaluation of their answer scripts, which were evaluated digitally.

5.1 Learned counsel appearing on behalf of the appellant-University has taken us to the affidavit of the Registrar, filed pursuant to the order passed by this Court on 17.01.2022, by which the University was permitted to file an affidavit giving the details of the digital evaluation of the answer sheets. It is submitted that the University has introduced digital evaluation (online evaluation) for the answer scripts of PG Degree/Diploma Examinations. It is submitted that initially the pilot project was entrusted to M/s. Globarena Technologies Pvt. Ltd., Hyderabad which had scanned the answer sheets for online evaluation and the same were evaluated online by the examiners. It is submitted that after satisfying the pilot project for digital evaluation, the University placed the same in 221st meeting of the Executive Council held on 13.07.2016 and the Executive Council verified the method of digital evaluation and the services of the nodal company under the supervision of the University. It is submitted that thereafter the resolution was passed by the Executive Council to go for digital evaluation. It is submitted that in pursuance of the said resolution, the University has evaluated the answer scripts digitally for every examination and there is no manual evaluation after the resolution by the Executive Council for digital evaluation.

5.2 It is further submitted that thereafter and after passing the judgment by the High Court in Writ Petition No. 26929/2016, the University has taken steps to rectify the defects pointed out by the High Court and improved the system of digital evaluation. It is submitted that subsequently the present digital evaluation system after improvements and modifications has been approved by the High Court in the recent decision in Writ Petition No. 15865/2022.

6. Learned counsel appearing on behalf of the respective original writ petitioners have submitted that so far as the original writ petitioners are concerned, as they are declared pass after re-evaluation and/or appearing in the supplementary examination and their results have been declared and they are awarded degrees, the same may not be disturbed as observed by this Court in order dated 9.4.2021.

10. Even otherwise, in the present case, the University has adopted the digital evaluation which has been subsequently modified/improved and the deficiencies have been removed, which has now been approved by the High Court in the recent decision in Writ Petition No. 15865/2022. The digital evaluation process is reported to be scrupulously followed by the University. From the affidavit filed on behalf of the University on use of digital evaluation, it appears that all precautions are being taken to have the accurate evaluation digitally. There are specific instructions and trainings to the examiners while conducting digital evaluation. It is reported that the faculty has utilised the updated software by using the tools and annotations incorporated in the software adopted by the University. In any case, in absence of any regulation for re-evaluation of the answer scripts, either in the MCI rules or in the University Rules, the High Court is not justified in ordering re-evaluation of the answer scripts. As observed and held by this Court in the case of Ran Vijay Singh (supra) that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheet.