Nirmaljit Kaur, J. - (1.) The present writ petition has been filed challenging Clause 2 of the Rules for Revaluation of Answer Books with a further prayer to grant average of the marks obtained by her in Paper -III and Paper -IV of M.Phil in Chemistry Examination, 2008 in Paper - II as bonus marks. The facts in short are that the petitioner was pursuing M.Phil (Master of Philosophy) in Chemistry. She took admission in Maharishi Dayanand (PG) College, Sri Ganganagar, which is affiliated to Maharaja Ganga Singh University, Bikaner. The examinations of the batch of year 2007 were scheduled to be conducted in the month of September, 2008. The petitioner and the other students appeared for Paper - I i.e. Advanced Concepts In Inorganic Chemistry and Paper -II i.e. Organic Synthesis. It is contended that they were shocked to find that both the papers were out of syllabus. The petitioner along with other students made a written complaint to the Vice Chancellor of the respondent University and demanded the bonus marks regarding Paper -I and Paper -II. However, the result of M.Phil in Chemistry was declared on 29.12.2008 and the petitioner secured 244 marks out of 400 marks i.e. 61%. In order to apply for revaluation, the petitioner purchased a revaluation form. However, the Clause 2 of the rules for revaluation of answer books printed on the back of the revaluation form ruled out any possibilities of revaluation of the answer books inasmuch as it prohibited revaluation of answer books for certain courses, which also included the course of M.Phil. The petitioner is mainly aggrieved with the marks given to her in Paper -II. She secured only 46 marks, whereas, all other students are stated to have been awarded more than 60 marks. Aggrieved, the present writ petition has been filed by the petitioner for striking down Clause 2 of the Rules for Revaluation of Answer Books with a further prayer to award average of the marks obtained by her in Paper -III and Paper -IV of M.Phil in Chemistry.
(2.) While praying for the said relief, it is contended that every student of the batch of the petitioner has been awarded more than 60 marks as bonus marks, whereas, the respondents awarded only 46 marks to the petitioner. It is submitted that insofar as Paper -II is concerned, the same was out of syllabus for the petitioner too and as such there is no rational behind grant of lesser marks to her. That apart, even if it is assumed without admitting that the bonus marks has been awarded on comparative proportionate basis i.e. in proportion to the marks secured in other papers, then too, there was no reason with the respondent University to grant any marks less than 60 to the petitioner as she is stated to have secured 62 and 70 marks in Paper -III and Paper -IV, respectively. It was further contended that Clause 2 of the Rules for Revaluation of the Answer Books is discriminatory and illegal as the said clause violates the fundamental right of the petitioner of equality inasmuch as the same promotes unreasonable classification.
(3.) Reply has been filed. As per the reply, the petitioner was awarded 66 marks in Paper -I and 46 marks in Paper -II. On a complaint filed by the petitioner and other students, the petitioner was awarded bonus marks by the Grievance Committee in Paper -II by applying the same formula and same criteria to all the students. However, the said formula is confidential.;