VIRAF NOSHIR BILIMORIA Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) THIS petition under Article 226 raises question as to the scope and effect of Clause 8 of the Ordinance 237-A of Mumbai University relating to revaluation of answer-books at the University examinations. Briefly the facts giving rise to this petition are as follows :

(2.) THE question, which falls for my consideration, is whether the University is right in ignoring the addition of two marks in the verification process for the purpose of Clause (8) of Ordinance 237-A. If the increase of two marks in verification is added to 9 marks, which the petitioner secured in revaluation, then the increase will be of 11 marks and, therefore, of more than 10% and in that event, the petitioner will be entitled to the benefit of the increase of marks in the revaluation. On the other hand, if the marks added in the verification process are to be ignored for the purpose of computation of 10% of the marks, naturally the increase in revaluation being only of 9 marks, will have to be ignored.

(3.) ORDINANCE 237-A made by the University provides for revaluation of answer-books in respect of theory papers at an examination conducted by the University, other than the Post-Graduate examinations in the faculties of Medicine and Dentistry, subject to the conditions and procedures laid down in the said ordinance. Clause (6) of the Ordinance reads as follows:-