Case Note & Summary
The dispute arose from a writ petition filed by a law graduate who sought first rank in the Bachelor of Legal Sciences (BLS) examination conducted by the University of Mumbai in 2001. The petitioner had initially secured 481 marks but, upon revaluation of his ‘Legal Language’ paper, his marks increased to 492. He also received 10 grace marks under Ordinance 229 for participation in the National Social Service Programme. However, the University declined to count either the revaluation marks or the grace marks for determining the order of merit, and awarded first rank to another student who had secured 493 marks without grace. The petitioner challenged the validity of Clause 10 of Ordinance 237 (exclusion of revaluation marks) and the provision in Circular No. UG/155 of 1998 (exclusion of grace marks) as arbitrary and violative of his rights. The University defended its stand, contending that grace marks are a favour and not a right, and that the relevant ordinances and circular expressly exclude such marks from merit-based awards. The Division Bench of the Bombay High Court examined the nature of grace marks, citing dictionary definitions to hold that ‘grace’ means an unmerited favour or indulgence which cannot be claimed as a matter of right. The Court found that Clause 7 of the circular, which barred grace marks from being counted for scholarships, prizes, medals, or order of merit, was salutary and uniformly applied. It also noted that even after revaluation, the petitioner’s marks remained lower than those of the topper, and the University had correctly applied Ordinance 237-A, which excludes revaluation marks from merit determination. Consequently, the Court dismissed the petition as devoid of merit, directing parties to bear their own costs.
Headnote
A) Education Law - Grace Marks - Nature as Unmerited Favour - University of Mumbai Circular No. UG/155 of 1998, Clause 7 - Petitioner sought inclusion of grace marks for NSS participation to achieve first rank; Court, referencing dictionary definitions, held grace marks are a concession, not a right, and cannot be claimed for determining merit; the University’s uniform application of the clause is justified, and no interference is warranted - Held clause is valid (Paras 9-13). B) Education Law - Revaluation of Answer Books - Exclusion for Merit Determination - University of Mumbai Ordinance 237-A - Petitioner’s marks increased upon revaluation, but University denied first rank as another student had higher original marks; Court found University’s action consistent with Ordinance 237-A, which excludes revaluation marks from scholarship, prizes, medals, and order of merit; since petitioner fell short of the topper’s marks, his claim failed - Held petition dismissed (Paras 8, 14).
Issue of Consideration
Whether grace marks and revaluation marks should be counted for determining order of merit and awarding scholarships, prizes, and medals under University Ordinances
Final Decision
Petition dismissed; no costs. The Court upheld the validity of Clause 7 of Circular No. UG/155 of 1998, holding that grace marks are unmerited favour and cannot be claimed for determining merit. The Court also found that the University correctly applied Ordinance 237-A to exclude revaluation marks from order of merit, and since another student had higher marks, the petitioner was not entitled to first rank. Parties to bear own costs.
Law Points
- Grace marks are unmerited favour
- cannot be claimed as a right
- and are rightly excluded from determining merit
- university circular uniformly applied
- no interference warranted
- revaluation marks excluded from order of merit under Ordinance 237-A
