LALIT Vs. NAGPUR UNIVERSITY NAGPUR

JUDGEMENT

(1.) A common question of law relating to (i) validity of Rule 4 of Ordinance No. 159 "prescribing rules for revaluation of answer books of examinees at University Examination" framed under section 40 of the Nagpur University Act, 1974 (the NU Act), (ii) interpretation of the Ordinance, are involved in these two petitions, they are heard together and are being disposed of by a common judgment.

(2.) Writ petitioner Lalit Taori (Writ Petition No. 536 of 1985) appeared for the Final M.B.B.S. Examination of Winter 1984 held by the Nagpur University and was declared successful. In the subject Medicine (Paper-I), he was awarded 49 out of 100 marks. He was not satisfied with the valuation of this paper as the marks were not as per his reasonable expectation, He, therefore, on the 17th December, 1984, applied for revaluation of this paper as provided for in the Ordinance No. 159. University informed the petitioner some time in March 1985 that as a result of revaluation, there was adverse change in the marks from original 49 to

(3.) Only two points were canvassed before us. The first is that the Rule 4 of the Ordinance to the extent it authorises the Vice-Chancellor to make appointment of examiners for revaluation, is contrary to section 64 of the NU Act and, therefore, invalid. We begin with extracting relevant Rules 3, 4 and 5 for ready reference :