srk １ wp-L-2119-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2119 OF 2010 Kapildev Ganeshrao Patil ... Petitioner Versus The State of Maharashtra and others. ... Respondents Mr.J.G. Reddy for the petitioner. Ms. K.R. Punjabi for respondent No.2. Mr. M.D. Naik, Assistant Government Pleader for State-respondent No.1. Mr. S.B. Shetye for respondent No.3. CORAM : MOHIT S. SHAH, C.J. & DR. D.Y. CHANDRACHUD, J. Wednesday, September 15, 2010 ORAL ORDER (Per Dr. D.Y. Chandrachud, J.) Rule. By consent, rule returnable forthwith. Counsel for the respondents waive service. With the consent of Counsel, taken up for final hearing. 2. The petitioner is a student of the MBBS degree course at Nair Hospital, Mumbai. The petitioner appeared for the first year MBBS examination but was declared to have failed on the ground that he was absent in the internal examinations conducted by the college, both the theory and practicals, in the subject of Bio-Chemistry. However, the petitioner submits that he had appeared for the examination conducted by the college but due to an error on the part of the college while transmitting the marks to the university, he was shown as absent at the examination. The college submitted a letter dated 6 August 2010 to the Controller of Examinations, Maharashtra University of Health Sciences, that there was a mistake on its part while srk ２ wp-L-2119-10 transmitting the results of the internal examinations of the University in showing the petitioner as `absent' at the examination in Bio-Chemistry. However, the University declined to amend the result on the ground that the final result of the internal assessment examinations was required to be submitted by the college before the commencement of the University examinations under clause 59.4 of the Ordinance of the University. 3. From a perusal of the record placed before the Court and as admitted, there is no dispute about the position that the petitioner had, in fact, appeared at the internal examinations conducted by the college and that he had passed both in the theory and practical examinations in Bio-Chemistry. The college has admitted the mistake on its part while transmitting the result sheet to the University. The student should not suffer on account of a mistake committed by the college. 4. Counsel appearing on behalf of the University has submitted before the Court that the University Ordinances require the college to submit the assessment sheet prior to the commencement of the University examination and because the college did not do so, the University could not accept the request of the college for amending the result sheet. 5. In the facts of this case, the student has admittedly appeared for the internal examination and passed the examination. There is no reason or justification as to why the petitioner should lose an academic year on account of a mistake committed by the college. 6. In the circumstances, we allow this petition by directing that the result sheet of the internal examination conducted by the college shall stand corrected having regard to the communication of the second respondent dated 6 srk ３ wp-L-2119-10 August 2010. The results of the petitioner for the first year MBBS examination shall accordingly, be amended on that basis within a period of two weeks from today, by the University. 7. Rule is made absolute in the above terms. No order as to costs. 8. An authenticated copy of this order be supplied to the learned counsel for the parties. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.