ABHINEETA ELIZABETH LALL Vs. BARATULLAH UNIVERSITY BHOPAL

JUDGEMENT

(1.) PETITIONER in this writ petition has assailed vires of clause 26 (1) Ordinance 6 framed under M. P. Vishwavidyalala Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam') and to direct the respondent to revaluate the answer-sheets of the petitioner.

(2.) PETITIONER has submitted that petitioner is a student of L. L. B. Ist year in barkatullah University, Bhopal and has obtained total 491 marks out of 900 in l. L. B. Ist year. She had applied for revaluation of her answer-sheets in two subjects which is permissible and there is an increase of 32 marks in overall result as apparent from mark-sheet (Ex. P. 3) issued after revaluation. Under clause 26 of the Ordinance 6 there is limit to apply for revaluation of only two subjects. Petitioner has been meritorious throughout her academic career, thus, she has prayed for revaluation of other answer-sheets also. Petitioner has submitted that she has done better than the marks awarded to her in other papers in which revaluation has not been done, consequently she has preferred writ petition.

(3.) THE University in its return has denied the averments made in the petition contending that Ordinance 6 of the Barkatullah University has been framed in exercise of power under section 37 (iii) of the Adhiniyam providing provisions with regard to examinations leading to the degrees, diplomas and certificates of the University. The provision made restricting the revaluation in two papers is constitutional and does not infringe any of the rights of petitioner. Increase in marks in two papers does not automatically entitles the petitioner to apply in other subjects. The provision cannot be said to be illegal or arbitrary. No case for interference in the academic matters is made out.