SWATI SINGH Vs. DEVI AHILYA VISHWAVIDYALAYA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India by the petitioners who are regular students of M.Ed. (IV semester) and are students of Matushri Ahilyadevi Teachers Education Institute-petitioner No.12 challenging the award of marks in the Marksheet issued by the University.

(2.) The petitioners appeared in the M.Ed. (IV semester) examination. According to them, the marks were awarded in M.Ed. Practical viva-voce IV semester by the external appointed by the University and the internal of the College. Copy of the marksheet of the marks awarded by the external of the University and internal of the College is Annx.P/1. However, in the final marksheet issued by the respondent/University the awarded marks to the petitioner for practical/viva-voce have been changed and the marks have been substantially reduced. The petitioners have been given lesser marks in the marksheet of IV semester than the marks actually given by the external. It is submitted that once the marks have been awarded by the external faculty and signed the marksheet on 2/3/2022, then neither the University nor any authority of the University could have changed/altered the marks obtained by the students. The respondents have acted in a arbitrary manner contrary to the rules and therefore, prayer has been made for amendment of the marks by changing marks of the petitioners by counting the marks as per Annx.P/1.

(3.) Counsel for the petitioners further argued that respondents have issued certain notifications after declaration of the result by which they have changed the examination scheme and made it applicable retrospectively by notification dtd. 12/8/2022 and communication dtd. 13/9/2022 (Annx.R/4). It is submitted that Annx.P/1 which is marksheet of external is of the year 2019- 20/21 and the date of practical examination was 2/3/2022 whereas Annx.R/4 is dtd. 13/9/2022 which could not have been made applicable with retrospective effect for the examination of the year 2019 to 2021. It is submitted that by notification dtd. 12/8/2022, 50 marks have been divided for external and 50 marks each for two external is subsequent to the date of examination and therefore the same cannot be made basis for reducing the marks of the petitioners.