- (1.) THIS judgment will dispose of Letters Patent Appeal No. 697 of 1986 and Civil Writ Petition No. 6251 of 1986. The Bench admitting the Writ Petition directed that the writ petition be heard alone with the letters patent appeal, as common question of law is involved in both of them. For facility of reference, only the facts of Letters Patent Appeal No. 697 of 1980 are being mentioned.
(2.) THIS is a letters patent appeal against the judgment of the learned Single Judge in Civil Writ Petition No. 4187 of 1986 (Anupama v. Thapar Institute of Engineering and Technology, Patiala) decided on 19. 9. 1986. The writ-petitioner was a candidate for B. Sc. Part I (Non-Medical) Examination, She appeared in the examination. The result was declared on 7-6-1986. According to the result, she secured 530 marks out of 650 marks According to the University Rules, she was entitled to apply for revaluation of the answer books. The Petitioner applied for revaluation of her result. As a result of the revaluation, her result was modified and it was declared that she obtained 544 marks. This result was declared on 18-7-1986.
(3.) THE petitioner applied for admission to the course of Bachelor of Engineering in Thapar Institute of Engineering and Technology, Patiala. The Selection Committee constituted by the Institute called the petitioner for interview on 23-7-1986. She produced before the Selection Committee the marks sheet prepared as a result of the revaluation. The appellant Institute adopted the formula of normalization of marks for determining the comparative merit of the candidates for admission to the aforesaid course. According to this formula of normalization of marks, if the marks obtained by the petitioner on revaluation, i. e. , 544 marks out of total of 650 marks, were taken into account, her percentage of marks would be 87. 99. However, the Selection Committee did not take into consideration the revaluated marks and prepared the percentage on the basis of the original marks obtained by the petitioner, i. e. 530 marks out of total 650 marks, On that basis at her percentage was worked out as 8551. On the basis of percentage of 87. 99 the petitioner would be entitled to be placed at serial No, 14 in the merit list Consequently, she would be entitled to be admitted to the course of Electronics and Electrical Communication Engineering or Electronics (Instrumentation and Control) Engineering. As a result of wrong merit: list prepared by the Institute, she was offered admission to the course of Electrical Engineering. She approached this Court by means of Civil Writ Petition No. 4187 of 1986 under Article 226 of the Constitution, for a direction to the Institute that her merit be prepared on the basis of the marks obtained by her on revaluation.;