PREM KISANCHAND PAHUJA Vs. UNIVERSITY OF MUMBAI

JUDGEMENT

(1.) BY the present writ petition under Article 226 of Constitution of India, the petitioner is praying for directions against the respondent-University to retain petitioners original mark in subjects General Surgery No. 1 and General Surgery No. 2 or to refer answer-books of the said subjects to a third Examiner for second revaluation.

(2.) THE petitioner secured 59 marks out of 100 marks in General Surgery No. 1 and 65 marks out of 100 marks in General Surgery No. 2 in third year M. B. B. S. Examination held by the respondent. The petitioner was expecting more marks, therefore, he applied for verification as well as for revaluation by his application dated 21-8-1996. On revaluation, the petitioner was awarded 44 marks in General Surgery No. 1 and 54 marks in General Surgery No. 2. Thus, petitioners original marks and marks secured after revaluation are as under :

(3.) BY present writ petition, the petitioner has sought direction against the respondent University to retain the petitioners original marks or to send the petitioners answer-books in the aforesaid two subjects for re-revaluation to third Examiner. The petitioner has placed reliance upon Clause 9 of Ordinance No. 237-A issued by the respondent University.