SAURABH BAFNA Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) Petitioner, who was a student prosecuting studies in a Course namely 'Bachelor of Business Administration' in respondent No.4's Institute, has filed this writ petition feeling aggrieved by the marks allotted to him in the internal assessment done by the College in the 6th Semester Examination, which was conducted in the year 2011.

(2.) Petitioner submits that he was a meritorious student; had an outstanding career and was prosecuting the course of study in Sardar Patel College of Technology. He appeared in the 1st, 2nd, 3rd, 4th and 5th Semester Examinations; passed all the Examinations; but, when he appeared in the 6th Semester Examination even though he had passed all the theory papers, in the internal assessment, he received less marks and was declared 'fail'. Referring to the mark-sheet for the 6th Semester Examination, results of which were declared in September, 2011 it is submitted that if the marks awarded to the petitioner in the internal assessment is analysed, it would be seen that even though he had received higher marks in the theory papers, but deliberately in a vindictive manner he is shown failed in the internal assessment by awarding 1, 2 or 3 marks only. Pointing out that in all the earlier semesters either the petitioner had passed or the internal assessment was not done and now the petitioner is being harassed in the manner indicated, the writ petition has been filed after representations submitted were rejected.

(3.) Shri Sanjay Sharma, learned counsel for the petitioner, invites our attention to the complaint filed by petitioner's father vide Annexure P/4, on 14.12.2011, to say that the father had made a complaint with regard to the irregularities committed by the Institute in deliberately failing the petitioner. That apart, learned counsel invites our attention to an inquiry report submitted by the Enquiry Committee, consisting of Principal of Government Girls High School, Balaghat vide Annexure P/7, to say that the learned Inquiry Officer has indicated certain suspicion with regard to irregularities in the internal assessment.