PALLAVI Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) THIS petition challenges legality of Ordinance No. 105(iv) framed by the Marathwada University being ultra -vires and for further consequential reliefs.

(2.) THE facts of the litigation are as under: - In the year 1996 -1997 the petitioner was admitted to the course of Bachelor of Dental Surgery. The petitioner secured IInd rank in the order of merit in the University examination which was held in the month of May/June, 2000. In the merit list the petitioner was shown to have scored 460 marks out of 800. In one subject, she could not score passing total of 50 out of 100. So, she was awarded two marks as "Grace Marks". Despite this, the petitioner stood II in rank and did not get Gold medal. Someone else who scored 469 marks, was awarded Gold medal.

(3.) THE respondent -university did not file any reply to the petition but opposed the petition on merits. The learned counsel for the petitioner asserted that the revaluation is a part of examination and so declaration of results should reflect changes if occurred after revaluation. He also submitted that the revaluation disclosed a gross error on the part of the examiner and so the university cannot be allowed to take advantage of the same. The Learned Counsel for the petitioner placed reliance on the judgment of Manojkumar Jindal Vs Ravishankar University, Raipur, : AIR 1989 MP 1. The facts of this case were similar. The petitioner in that case also applied for revaluation within the prescribed limit and after revaluation the marks were increased. He too applied to the University to amend the merit list and place him in first position. The University refused to do so. The Division Bench of the High Court held as under: -