G.S.Singhvi, J. - (1.) The petitioner has prayed for issue of a writ, order or direction for declaring the action of the respondents in decreasing the marks of this IInd paper of mathematics from 16 to 14 as illegal and directing the respondents to allow the petitioner to appear in the supplementary examination alongwith the main Examination of the B.Sc. IIIrd year.
(2.) The case of the petitioner is that he was a regular student of Three Years Degree Course, at Agrawal College, Jaipur, which is affiliated to the University of Rajasthan. He appeared in the Second Year(Science) Examination,1990,which was held by the University of Rajasthan. The result of the said examination was declared on 13.3.90.The petitioner was declared to have failed, because, he had failed to secure pass marks in the subjects of Physics and Mathematics. The petitioner applied for revaluation of theory paper of Physics(I) and (III) and also for all the three papers of Mathematics. The result of this revaluation was declared on 11.1.91. As a result of revaluation a fresh mark-sheet was issued to the petitioner,because, the original mark-sheet had been deposited by him with the University of Rajasthan. He has claimed that the respondent University has unlawfully not declared the petitioner to be eligible to appear in the supplementary Examination in the subject of Mathematics. In the First paper of Mathematics he had secured 13 marks in the first instance; and after revaluation, the marks were increased to 23. In the second paper of the same subject he had earlier been awarded 16 marks. However, after revaluation, the marks were decreased to 14. In the Third theory paper of Mathematics he had been earlier awarded 12 marks. After revaluation the marks were increased to 15. In the First theory paper of Physics he had secured three marks originally and, after revaluation,he secured 6 marks. In the Third theory paper of Physics his marks remained unchanged. Thus, if 2 marks in the second paper of Mathematics had not been decreased, he would have been declared as pass in the subject of Mathematics and then he would have been eligible for supplementary examination in theory paper of Physics. He had already cleared the practical examinations of the subjects of Physics. As per Ordinance 193(B), a candidate failing in one optional subject is eligible to appear in the supplementary examination. The supplementary examinations had already taken place on 12.12.90, i.e. before the declaration of the result of revaluation. Now, he would have been eligible for .Physics. supplementary examination of theory paper of physic alongwith the main examination of third year of T.D.0 as per Ordinance 156-A(13).
(3.) The petitioner has further stated that the scheme of 10+1+3 has been completely abolished from 1991 onwards and, if the petitioner is not allowed to sit in the supplementary examination in theory papers of Physics with the main examination of third year he will be compelled to be reverted back to Part-I of 10+2+3 scheme which has commenced from 1991-92.The petitioner personally met the Vice Chancellor, Shri A.S.Kapoor, and explained to him his position,but, the Vice Chancellor expressed his helplessness.;