LAWS(BOM)-2009-11-14

ANUJA AVINASH NAWATHE Vs. UNIVERSITY OF PUNE

Decided On November 10, 2009
ANUJA AVINASH NAWATHE Appellant
V/S
UNIVERSITY OF PUNE Respondents

JUDGEMENT

(1.) RULE. Heard forthwith.

(2.) THE petitioners are students pursuing the Five Year B. Arch. Course with respondent No. 3 - Institution, which is affiliated to the University of Pune respondent No. 1. The petitioners appeared for the third year course which consists of examination as well as the Sessionsal/viva examination held in April 2009. The subject matter of the present petition is the paper of "architectural design III". This subject has written examination of 100 marks as also 200 marks for Sessional and Viva-voce. The petitioners have been declared as failed in the sessional-viva-voce examination of 200 marks. Hence, the present petition.

(3.) IT is the case of the petitioners that 200 marks are divided into two parts viz. "internal Assessment" as well as "external Assessment". Both Internal and External Assessments are further divided into two parts 75 marks for sessional work and 25 marks for Viva-voce, each. It is the case of the petitioners that the Internal Assessments were 100 marks (100 + 75 marks for Sessional work performance and 25 marks for Viva-voce) is given by the College. The petitioners relies on a letter addressed by respondent No. 3 wherein it is informed that on account of oversight and on account of miscalculation and computational error and subsequent oversight, marks of 100 which have been communicated by the said Institution to the Rspondent-University were miswritten and therefore, it was requested by letter dated 11. 7. 2009 addressed by the concerned teacher, Mrs. Medha M. Gurjar to the Principal of Respondent No. 3 College that the corrected marks of the students as stated in the letter dated 11. 7. 2009 may be taken into consideration in the marks out of 100 (Internal Assessment of Architectural design III ). This letter, according to the petitioners, has been forwarded to the respondent no. 1 University. Respondent No. 1- University has taken no cognizance thereof.