- (1.) The petitioner appeared in B.A. Part I examination of Lucknow University in 1985 with English, Psychology and Political Science as combination. In the said examination, a the petitioner obtained 42 marks out of 100 in Psychology. Being not satisfied, the petitioner applied for re-valuation. Upon revaluation it was found that the petitioner was entitled to 36 marks in Psychology. It is evident by Annexure-2. As a result of re-valuation the result of the petitioner declaring her successful in B.A. Part I was cancelled and she was required to appear in supplementary examination. The order cancelling the result of the petitioner was not communicated to her. She, therefore, took admission in B.A. Part II and appeared in B.A. Part II final examination conducted in the year 1986 but the result of the petitioner has not been declared though the results of other candidates were declared. On enquiry she was informed that her B.A. Part I examination has been cancelled. In the circumstances the petitioners has moved this Court for relief under Article 226 of the Constitution.
(2.) The question is whether the petitioner is entitled to retain her original marks despite the revaluation and securing thereby less marks. The answer to the question turns on the scope of Rule 5 of the Revaluation Rules. Rule 5 of the Revaluation Rules reads : "5. If the variation between the average of the marks obtained as a result of revaluation and the marks awarded by the examiner, is not more than 10 per cent, the original marks will stand, if the variation is either way greater than 10 per cent of the marks obtained as a result of revaluation will be taken as final amongst the marks obtained." It will be clear from the above rule that the petitioner would be entitled to retain her original marks. Her original marks was 42 and upon revaluation, it has been reduced to 36. So the difference as a result of revaluation is not more than 10 per cent of the original marks. In such an event she is entitled to retain her original marks. The cancellation of the result of B.A. Part I is, therefore, illegal and unauthorised.
(3.) In the result the petition is allowed and the order cancelling her B.A. Part I examination is quashed. The opposite-parties are directed to declare the result of the examination of the petitioner in B.A. Part II treating her to have successfully passed in B.A. Part I examination.;