ATHARPARVEZ Vs. GULBARGA UNIVERSITY GULBARGA

JUDGEMENT

(1.) ISSUE rule. With consent, this petition has been heard for final disposal at this stage itself.

(2.) THE petitioner is a final year b. pharma student studying in h. k. s. pharmacy college, gulbarga, which is affiliated to the respondent-gulbarga university. He appeared for the final year b. Pharma examination in july, 1996 and was declared to have failed in two subjects viz. , pharma analysis-ii and pharmacognosy-ii. He then made an application seeking retotalling as per the regulations of the' university. The retotalling results were announced on 3rd of december, 1996, but indicated no change in the marks awarded to the petitioner. The petitioner thereafter made an application seeking revaluation of the aforesaid two subjects. This request was by a communication dated 1st of january, 1997, rejected by the university on the recommendations of the committee constituted to scrutinise the answer scripts. Aggrieved, the petitioner has come up with the present petition for a certiorari quashing the same and a mandamus directing the respondent to consider the petitioner's request for revaluation.

(3.) THE regulations governing revaluation of answer scripts framed by the respondent-university provide for revaluation of answer scripts only in certain circumstances. The regulations provide that the revaluation shall be confined only to theory papers and shall be carried out in accordance with the procedure prescribed in that regard. Regulation 3 prescribes the said procedure and reads thus: