ANIL KUMAR SHARMA Vs. GURU GHASIDAS UNIVERSITY

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondents to rectify the mistake in the mark sheet and declared the petitioner as passed in the subject of Elementary Surgery, Orthopedics, Ent, Ophthalmol.

(2.) THE brief facts, relevant for adjudication, is that the petitioner was admitted to the course of Practitioner in Modern & Holistic Medicine (for short PMHM), as regular student in respondent No.2/ Medical Institute Pendra, affiliated to Guru Ghasidas University/ respondent No.1. According to the petitioner, as per the statement of marks for examination held in April-May 2007, the petitioner was declared as passed in all the subject except Medicine & Paediatrics (for short "Medicine") and Obstetrics & Gynaecology (for short "Gynaecology"). In Elementary Surgery, Orthopedics, Ent, Ophthalmol (for short "Elementary Surgery"), he was awarded 54 marks and, as such, declared as pass. THEreafter, the statement of marks on the basis of supplementary examination held in September-October, 2007, was given to the petitioner, where, the petitioner was shown as absent in the subject of Medicine, Elementary Sugery & Gynaecology. Thus, he was declared as failed. In the third statement of marks for examination held in July, 2010, even in that exam, the petitioner appeared in Medicine & Gynaecology and obtained 116 & 51 marks, respectively. However, he remained absent in the paper of Elementary Surgery. THE petitioner wrote a letter to the University on 04.10.2010 (Annexure P-5) stating that the petitioner has passed Medicine & Gynaecology test examination in the year 2010, however, he was declared failed in Elementary Surgery, on account of being absent in the examination held in 2010, though, he was already declared as passed in the first statement of marks (Annexure P-2) issued in April-May, 2007. Thus, he may be declared as passed.

(3.) THE petitioner appeared in other two subjects namely Medicine and Gynaecology, but not in the Elementary Surgery, deliberately. Thus, the petitioner does not deserve any sympathy and the decision of the University was in accordance with law. THE petitioner was afforded two opportunities to appear in the supplementary examinations, but the petitioner failed to appear in both the examinations in Elementary Surgery; thus, he was declared as failed being absent in the re-examination of Elementary Surgery subject.