Ajay Rastogi, J. - (1.) The petitioner successfully completed his graduation in Bachelor of Science (B.Sc.) in the year 2012 as a regular student from Government Bangur College, Pali which at the relevant point of time was affiliated with Maharshi Dayanand Saraswati University, Ajmer. The respondent University published the provisional merit list of B.Sc. Examination-2012 wherein petitioner's name finds place at serial no.04 and originally when the result was declared his total marks as shown in the provisional merit list were 1706 out of 2025 and the student who topped in the merit list secured 1741 out of 2025. However, the petitioner being dissatisfied with the result, applied for revaluation of his marks and after result of revaluation the total marks secured by him were increased to 1764 out of 2025 and indisputably the petitioner thereafter topped in the merit list. It is not out of place to mention here that the marks obtained after revaluation by the petitioner in B.Sc. Examination III year indisputably are higher than the current topper but still he was not included as a merit holder for gold medal, which according to the respondent University is to be awarded to the student who secured highest marks in the main examination & included in the provisional merit list & the marks which the student secured after revaluation no credence be attached to it.
(2.) At this stage the petitioner approached the authorities by submitting representation but that came to be rejected on the premise that in view of R.11 of Ord.157-A the increase in marks obtained by a candidate as a result of revaluation shall not be taken into account for inclusion of the candidates standing in order of merit read with para-7 of the notification issued by the respondent University dated 11.05.2011 pursuant to approval of resolution no.14 of the Board of Management held on 27.11.2009 also mandates that the marks secured on account of revaluation shall not be counted for merit. Taking note thereof, the petitioner has preferred instant writ petition assailing the validity of para-11 of Ord.157-A & para 7 of the notification (supra). After notices came to be served, response has been filed by the respondent University & pursuant to order of the Court dated 31.03.2015 the student (Ms. Poonam Kumari) who was shown to be meritorious in the provisional list is impleaded as respondent-3 and response has been filed on her behalf.
(3.) The facts of which reference has been made (supra) are not disputed by either of the respondent & their only objection is that the petitioner if secured higher marks after revaluation in graduation he is not entitled for inclusion of his name in the provisional merit list in view of R.11 of Ord.157-A read with para-7 of their notification dated 11.05.2011 and increase of marks as a result of revaluation as per University Ordinance & notification as well, of which reference has been made, shall not be taken into account for preparing merit list of the candidates and is not eligible to be considered for inclusion in the merit list and for award of gold medal and as regards respondent no.3 is concerned the facts have not been disputed & seeking protection of R.11 of Ord.157-A & notification (supra).;