Case Note & Summary
The Petitioner, Mr. Abhijit Bhagwat Khedkar, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking directions against Respondent Nos. 2 to 4 (Deccan College and its officials) to declare the result of his class improvement examination held from 18th June 2021 to 1st July 2021 and to revise his marksheet to reflect the improved marks. The Petitioner had completed his M.A. in July 2017 and cleared the exam in February 2020 with 49% marks. Desiring to pursue a Ph.D., he opted for the Class Improvement Scheme (CIS) and appeared for the first improvement exam in January 2021 but failed to improve his score. He made a second attempt in June-July 2021, enrolling for all 7 papers but could only appear for 6 due to COVID-19 illness. On 11th October 2021, the College informed him that he had not improved his class. On 22nd July 2022, the College issued a Ph.D. admission notice with a last date of 30th September 2022. The Petitioner applied on 13th August 2022 but was not considered because his improved result was not declared. The legal issue was whether the Petitioner was entitled to declaration of result and revision of marksheet despite missing one paper due to illness. The Court noted that the College had not declared the result of the papers attempted and had not issued a revised marksheet. The Court held that the College ought to have declared the result of the papers the Petitioner appeared for and issued a revised marksheet. The Court directed the College to declare the result within two weeks and, if the Petitioner meets the eligibility criteria, consider him for Ph.D. admission. The petition was disposed of accordingly.
Headnote
A) Education Law - Class Improvement Scheme - Right to Result Declaration - The Petitioner, a student, sought declaration of result of class improvement exam and revision of marksheet after he could not appear in one paper due to COVID-19 illness. The Court held that the College ought to have declared the result of the papers attempted and issued a revised marksheet, as the Petitioner had a legitimate expectation to have his performance assessed. (Paras 1-10) B) Education Law - Ph.D. Admission - Fair Consideration - The Petitioner applied for Ph.D. course but was not considered due to non-declaration of improved result. The Court directed the College to declare the result and consider the Petitioner for Ph.D. admission if he meets the eligibility criteria, ensuring fair treatment. (Paras 4-10)
Issue of Consideration
Whether the Petitioner is entitled to declaration of result of the class improvement exam held in June-July 2021 and revision of marksheet to reflect improved marks, despite not appearing in one paper due to COVID-19 illness.
Final Decision
The Court directed Respondent Nos. 2 to 4 to declare the result of the Petitioner for the class improvement exam held from 18th June 2021 to 1st July 2021 within two weeks from the date of the order. If the Petitioner meets the eligibility criteria for Ph.D. admission, the College shall consider his application for the academic year 2022-23 or the next available academic year. The petition was disposed of.
Law Points
- Class Improvement Scheme
- Right to fair consideration
- COVID-19 illness as valid ground for non-appearance
- Direction to declare result
- Revision of marksheet
