NARENDRA HEMCHANDRA CHAUDHARI Vs. UNIVERSITY OF POONA

JUDGEMENT

(1.) PETITION admitted. Rule to issue. Respondent waive service. Rule heard forthwith for final hearing.

(2.) THE petitioner appeared for IIIrd M. B. B. S. examination held in the month of October, 1993 by the University of Pune. At the said examination, the petitioner got 89 out of 200 marks in the subject of medicine. Ordinance No. 163 of the ordinances framed by the respondent-University provides that five additional marks may be granted to the candidate appearing at the University examination as an incentive for his participation in one or more of the activities specified therein like National Cadet Corps, National Service Scheme etc. In view of the participation of the petitioner in the activities, specified in the said ordinances, the respondent granted five additional marks to the petitioner in the subject of medicine. Thus, with the aid of the said marks, the petitioner got 94 marks in the said subject. The said additional marks were granted in lieu of participation of the student in specified extra-curricular activities and cannot be considered as grace marks as such as normally understood. The concept of "additional marks" for participation in certain activities is different than that of grace marks.

(3.) ORDINANCE No. 135-A of the Ordinances framed by the University as set out in Circular No. 371 of 1993, copy whereof is Exhibit A to the petition reads as under : ordinance No. 135-A notwithstanding anything contained in the Ordinance Nos. 135 to 138, the examinee shall be given grace marks only for passing in each head of passing (Theory/practical/oral/external/internal) as follows :