KISHORE KUMAR CHOUDHARY Vs. REGISTRAR, MARATHWADA UNIVERSITY

JUDGEMENT

(1.) THE petitioner was admitted to the Bachelor of Engineering (for short 'B.E.') Course of the Marathwada University in the Marathwada Technology, Aurangabad, (for short 'M.I.T. College, Aurangabad'). After passing the First Year Examination in B.E. Course, he appeared for the Second year Examination in the said Course in October/November, 1990. In the said Examination he received 26 marks out of 100 in the Mathematics Paper III and was therefore, declared failed in the said subject as the passing marks required were 40. He, however, continued his studies in the Third Year of the B.E. Course in the said College and appeared for the Third Year Examination in April/May, 1991, in which according to the petitioner he had passed, but his result was withheld.

(2.) IT is the case of the petitioner that after the receipt of the mark -sheet of the second Year B.E. Examination, the petitioner made an application to the Marathwada University for recounting of his marks on 23.2.1991. However, on second thought immediately on 25.2.1991, 24th Feb., 1991 being Sunday, he made an application for revaluation of his marks in Mathematics Paper -III of the Second Year B.E. Course as per the Ordinance No. 105 of the Marathwada University. On 27.5.1991, the Deputy Registrar (Examinations), of the Marathwada University communicated to the Principal of the M.I.T. College, Aurangabad the names of the students, from his College who had applied for revaluation of their answer papers and who, as a result thereof got the benefit of revaluation of their answer papers. At serial No. 6, in the said letter dated 27.5.1991 is shown the name of the petitioner. The marks obtained by him in the Mathematics Paper -III are shown as 40 out of 100 after revaluation which would mean that the petitioner had passed in the Mathematics Paper -III.

(3.) THE learned Counsel for the petitioner has urged before us that as per Clause (iii) of the Ordinance No. 105 framed by the Marathwada University in regard to revaluation of Answer Papers of the candidates appearing for University Examinations, the process of revaluation includes the process of verification of marks also and therefore it is not necessary for a candidate requesting for revaluation of his Answer Paper to apply separately for verification of his marks in that paper. The submission thus is that since the process of revaluation includes the process of verification of marks, the original marks for the purpose of computing the difference of 10 per cent of the maximum marks prescribed for the Mathematics Paper -III between the marks awarded to the petitioner after revaluation and his original marks have to be taken as the marks awarded to him in the said paper by the valuer before verification or recounting of marks.