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"37. Awards of marks by an
examiner has to be fair and considering the fact
that re-evaluation is not permissible under the
Statutes at the instance of the candidate, the
examiner has to be careful, cautious and has the
duty to ensure that the answers are properly
evaluated. Therefore, where the authorities find
that award of marks by an examiner is not fair or
that the examiner was not careful in evaluation
the answer scripts, re-evaluation may be found
necessary.
"38. There may be several
instances wherein re-evaluation of the answer
script may be required to be ordered and this
Court need not make an exhaustive catalogue of
the same. However, if the authorities are of the
opinion that re-evaluation of the answer scripts is
necessary then the Court should be slow to
substitute its own views for that of those who are
expert in academic matters."