ASHISH AGGARWAL Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) The petitioner passed the final year of LL. B. Course in the year 2003 from the Government Law College, affiliated to the University of mumbai. The petitioner has an impressive academic career. The petitioner appeared in third year of five years' LL. B. Course in May, 2001 and secured second rank in the University. However, the score of the petitioner in the subject of "legal Language" was unusually low at 58 out of 100. Since the petitioner had previously been scoring high marks in this subject, he suspected an error in assessment. On the advice of his professors, the petitioner applied for revaluation of his answer-sheet in the subject.

(2.) On re-valuation of his answer-sheet, the error was rectified and his marks were increased from 58 to 69 out of 100. The change in the marks was intimated to the petitioner vide letter of the University dated 5th February, 2002. On rectification, according to the petitioner, after re-valuation of the marks secured by him, the petitioner got 1st position by securing the highest marks in the examination. The petitioner has approached the University, and submitted that he be awarded the first rank and consequently, he be entitled for scholarship, prizes and medals, on getting 1st position in the said examination.

(3.) The petitioner has approached this Court with a prayer to quash the impugned Clause 10 of Ordinance 237. The petitioner has also prayed that the University of Mumbai be directed to award 1st Rank (position) and all consequential benefits to him in the Bachelor of Legal Sciences (B. L. S. ) Degree Examination, 2001.