MANOJ KUMAR JINDAL Vs. RAVISHANKAR UNIVERSITY RAIPUR

JUDGEMENT

(1.) The petitioner who has passed B.Com Final Degree Examination in the year 1985 has filed this petition under Articles 226/227 of the Constitution of India, praying, that an appropriate writ or directions be issued to the University (respondent No. 1) to notify fresh MERIT-LIST according to the petitioner's result in REVALUATION of examination papers. According to the results declared in Notification dated 15-07-85, which related to the "Merit List of First Ten Students" scoring highest marks shown in descending order (Annexure-B), the petitioners position was at Sr. No. 3. But as a result of revaluation, the petitioner having scored the highest marks should be at Sr. No. 1 vis-a-vis the two students (respondents 2 and 3). Hence this petition.

(2.) (i) It is common ground that the petitioner Manoj Kumar Jindal, a student of Ravishankar University appeared in B.Com. Final Year Examination in 1985, with Roll No. 97495. The University published and declared on 15-07-85 the results of the candidates and the Merit-List of First Ten toppers (Annexure- B).

(3.) The petitioner's case is that throughout he had a meritorious academic record and the impugned decision is arbitrary, discriminatory and illegal, as it is a denial of his legal right to get a legitimate place in the Merit List. The decision is hostile to the interests of laborious and devoted students, and as such, it is unreasonable and also contrary to the law of education and the same is liable to be struck down. It is further stated that the act of revaluation is part and parcel of process of the main examination and the Executive Committee was bound to take notice of revalued result while notifying the Merit-List. Hence the prayer for directions that fresh Merit-List in accordance with petitioners achievement after revaluation be notified.