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SH.DEEPAK SHRIMALI v U O R, JAIPUR - CW Case No. 2513 of 2007 [2007] RD-RJ 2948 (25 May 2007)



S.B. Civil Writ Petition No.2513/07

Deepak Shrimali & Anr. Vs. University of

Raj. & Ors. 25.5.2007

Hon'ble Mr. Justice Mohammad Rafiq

Shri Rajeev Surana for petitioners.

Shri R.A. Katta )

Shri D.S. Poonia ) for respondents.

Heard learned counsel for the parties.

This writ petition has been filed by the petitioners against the letter dated 9.2.07 whereby the respondent

University has declined to correct the mark sheets of the petitioners.

Learned counsel for the petitioners submits that the respondent no.3, the Principal Jaipur Engineer

College, Kukas, Jaipur had earlier send sessional / mid term marks of the petitioners in the subject Microprocessor and Interfaces, IVth Semester and on that basis their result was declared by the

University which did not reflect the true position. Had the correct marks been added, the petitioners would have been declared pass. By the time, correct marks were sent by the College, the result had already been declared and on that basis the University declined to revise the result.

Shri R.A. Katta, the learned counsel for the respondent University opposed the writ petition and submitted that once the result has been declared, the marks cannot be revised and it was for the College to have sent correct marks.

Shri D.S. Poonia, the learned counsel for the respondent College submitted that there was a mistake in sending the sessional marks of the petitioners to the University, but there was no mala fide intention on the part of the College in doing so. However, the said mistake was correct and the corrected sessional marks of five students including that of the petitioners were sent to the University along with letter dated 10.10.2006, but by that time, the result had been declared.

In the facts of the case, it appears that the petitioners are at not fault if the college has sent wrong marks. The University of Rajasthan is therefore directed to add the correct sessional marks sent by the College and accordingly revise the result of the petitioners and after adding such marks if they are declared pass also issue revised mark sheets to them.

With these observations, the writ petition is allowed.

(Mohammad Rafiq),J.



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