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Rajasthan High Court · body

2006 DIGILAW 581 (RAJ)

Abhishek Mathur v. University of Rajasthan

2006-02-20

PREM SHANKAR ASOPA

body2006
Judgment Prem Shanker Asopa, J.- By the instant writ petition the petitioner has prayed for issuance of revised mark-sheet of the MBA Part-II Examinations, 2004 after adding marks obtained by him out of 30 Sessional marks in question paper No. 219 (FSD). 2. The case of the petitioner in this letter petition is that Sessional marks of internal assessment have been wrongly added by the college in question paper No. 214 which was not opted by him whereas the same were of question paper No. 219 (FSD) and in case the same are added in question paper No. 219 (FSD), then the petitioner will be declared first class in the said examination. The further case of the petitioner is that the correspondence is going on between the University and the College in slow motion without any result and presently the MBA Examinations, 2005 have also been completed. The petitioner has also filed a copy of the mark-sheet of MBA Part-II Examination, 2004 alongwith the letter petition wherein the petitioner has been shown absent in the internal assessment examination of paper No. 219 (FSD), which according to the petitioner is not correct. 3. The University has filed reply to the writ petition and submitted that M.K.M. India Institute of Management, Sitapura, Jaipur from where the petitioner has appeared in the MBA Examinations and which sent the marks of internal assessment of the paper in question is a necessary party. The further case on merit of the respondent-University is that affiliated colleges including M.K.M. India Institute of Management, due to gross mistake have wrongly dispatched internal marks of their students by interchanging the marks of their students in the mark list sent by them to the respondent-University but there is no reply with regard to the fact of receipt of marks in question paper No. 214, which was not opted by the petitioner and not adding any internal assessment marks in question paper No. 219 (FSD) in which he appeared. 4. This Court issued a show cause notice for disposal on 211.2005 to the M.K.M. India Institute of Management, which has been duly served but no reply or response has been received. 4. This Court issued a show cause notice for disposal on 211.2005 to the M.K.M. India Institute of Management, which has been duly served but no reply or response has been received. However, in the correspondence filed by the University, there are letters of the Institution that there was typographical error in sending the internal assessment marks but still the fact remains that when the letter-petitioner did not appear in question paper No. 214, how the internal assessment marks have been sent in the said paper and in question paper No. 219 (FSD) in which he appeared in internal assessment, he was shown absent. Had the University taken care in case of the letter-petitioner, then they would have corrected the mistake admitted by the Institution in its reply dated 18.01.2005 and 11.05.2005, Annexure R-2 and Annexure R-6 respectively as typographical/typing error to the University for which the letter-petitioner cannot be allowed to suffer. 5. In view of the above, I allow the writ petition and direct the respondent-University to add the internal assessment marks obtained by the petitioner out of 30 Sessional marks in question paper No. 219 (FSD) which have been wrongly added in question paper No. 214 and then redeclare the result of the petitioner and issue the revised mark-sheet of MBA Part-II Examination, 2004 within a period of fifteen days from the date of production of certified copy of this order.