1 SSK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2028 OF 2009 Dr. Gauri P. Pandit ....Petitioner Versus College of Physicians and Surgeons of Bombay & Ors. ....Respondents Mr. Mihir Desai with Shri Sagar G. Talekar, Advocate for the Petitioner. Mr. Jaideep Mitra i/b. M/s.Apte & Co. for Respondent No.1. Ms. Simran Puri i/b. De Jure, Advocate for Respondent No.3. Mr. M.D.Naik, AGP for Respondent No. 4. CORAM : F. I. REBELLO & R. V. MORE, JJ. DATE : 18TH JUNE, 2010. P.C.: The Petitioner approached this Court praying for relief of revocation of Theory Paper II of Diploma in Anesthesia and after revaluation and/or re-assessment to declare the result of the Petitioner afresh. Appearance have been put up on behalf of the Respondents. Reply has been filed on behalf of Respondent No.1 pointing out that there was no provision for revaluation. In these circumstances, the relief as prayed for, cannot be granted. The law is now well settled that the right to revaluation must exist and unless there is a specific provision, it would not be possible for this Court to direct the Respondent No.1 to get the Answer Book revalued. 2 2. At the hearing of the petition, it was also pointed out that Respondent No.1, in the past, has been following the practice of granting grace marks upto 5 marks. In fact, an Ordinance of the Maharashtra University Health Sciences was also shown to us. 3. We have queried the Counsel for the Medical Council of India, with whom that Respondent No.1 is affiliated, as to whether there is any provision under the MCI Regulations for awarding of grace marks. The learned Counsel states that so far as Post Graduations Courses are concerned, there is no provision for grace marks. Once Respondent No.1 has no provision for awarding grace marks, the question of awarding grace marks to the Petitioner could not arise. In the light of that, we find no merit in the petition. The petition is dismissed accordingly. (R. V. MORE, J.) (F. I. REBELLO, J.) 3