- (1.) The appellant joined the first year MBBS in the third respondent medical college affiliated to the first respondent University on 19-8-1992. On 8-4-1994 the first respondent University issued a circular by which Ordinance 134-A-B was framed laying down the procedure for verification and revaluation of marks. The material portions thereof, for our purpose are as under: "Clause (2) The revaluation includes the process of verification. If on verification of marks, it is found that the marks originally shown in the marks list issued to a candidate have changed, as a result of verification, the changed marks shall be considered as original marks for the purpose of revaluation. Clause (4) A candidate shall submit an application only in the prescribed form to the Registrar or Deputy Registrar (Exams), University of Pune for: (i) Verification under Ordinance 149 along with fee of Rs 50. or (ii)) Revaluation, along with the fee of Rs 150 for verification and revaluation per head of passing in theory paper within three weeks from the date of declaration of the University result, through the principal of respective college. The external students should apply directly to the University following the regular procedure. Clause (7) The benefit of the revaluation shall be given to a candidate if the original marks and the marks obtained after revaluation exceed by 10% or more of the maximum marks of the theory paper or papers and only these marks will be accepted by the University and binding on the candidates. However, in extreme cases, the Vice-Chancellor may use his discretion for getting second opinion for revaluation. For the purpose of computing the 10% difference in marks, half per cent of the marks assigned to the paper or a part thereof shall be taken into account and rounded off for next successive higher integer."
(2.) The appellant appeared for the first MBBS examination in May 1994, but failed in three subjects Biochemistry, Physiology and Anatomy. He again appeared in the examination in October 1994 and also in May 1995, but did not pass, He cleared his Biochemistry paper by appearing again in October 1995. He failed to clear the Physiology and Anatomy papers in the attempt which he took in May 1996. He did not take the examination in October 1996. The appellant took his last chance for appearing in the examination in May 1997 and cleared the paper in Anatomy, but failed in Physiology by getting 84 marks out of 200 in which the minimum marks required for passing was 100.
(3.) The appellant applied for revaluation by submitting a composite application for verification and revaluation of his marks. On 25-7-1997, the appellant was informed by the Assistant Registrar of the first respondent University that, as a result of the verification, he had earned four additional marks making a total of 88 marks out of 200 in the subject of Physiology. On 30-8-1997, the first respondent University informed the appellant that after revaluation there was no change in his marks in Physiology. On the appellant's making queries with the Controller of Examination, the appellant was informed that although on verification he had secured sixteen more marks and his marks upon revaluation came to 104, since the increase was less than 10% as required under clause (7) of Ordinance 134-A-B, no change would be effected in the marks secured by him in the subject of Physiology. The appellant entered into correspondence with the first respondent University pleading for an increase in the number of marks in the subject of Physiology, but failed to persuade the University.;