1 WP9843.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9843 OF 2011 Nikita Subhash Pawar ... Petitioner v/s State of Maharashtra & ors. ... Respondents Mr.V.P.Sawant i/by Mr.Sukand Kulkarni for the petitioner. Mr.A.B.Vagyani, A.G.P. for Respondent No.1. Mr.R.V.Govilkar for respondent Nos.2 to 4. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 21ST NOVEMBER, 2011 P.C.: 1. Heard Mr.Savant, the learned counsel for the petitioner. 2. Mr.Govilkar, the learned counsel appears for respondent Nos.2 to 4, whereas the learned A.G.P. appears for respondent No.1. Respondent No.5 is a formal party. 2 WP9843.11 3. The petitioner appeared for the final year M.B.B.S. Examination in May-June, 2011 as a student of respondent No.5 college. The results of the said examination were declared on 5th/7th August, 2011, and she was shown to have failed in three subjects, namely, General Surgery, Medicine and Pediatrics. Her score in these three subjects was as under:- (1) General Surgery 69 out of 140 (2) Medicine 66 out of 140 (3) Pediatrics 10 out of 40 Under the Rules, she had the option to ask for a photo- stat copy of her answer-book and revaluation. She applied for revaluation on 10.8.2011 and on 17/22.10.2011 respondent No.2 University declared the petitioner’s result on revaluation. Out of the three subjects, in two subjects, namely, Medicine and Pediatrics her score went up and she scored 69 out of 140 in Medicine and 17 out of 40 in Pediatrics. Her marks in General Surgery remained the same. Consequently, even on revaluation she failed by one mark in each of the two subjects i.e. General Surgery and Medicine and by three marks in Pediatrics. 4. She claimed to have applied under the Right to Information Act on 2.11.2011 as well as on 9.11.2011 asking 3 WP9843.11 inter-alia for a photo-stat copy of her answer-books in these three subjects. It was submitted by Shri Govilkar, the learned counsel for the respondent University, that the last date prescribed for applying to get a photo-stat copy of the answer-books was 21.8.2011 and the petitioner applied for revaluation on 10.8.2011. It was further submitted by Mr.Govilkar that under the Rules there is no specific provision to provide for photo-stat copy of the revalued answer-books. 5. Admittedly, after the result was declared, the petitioner was entitled to ask for the photo-stat copy of the answer- books and to apply for revaluation of the answer-book. We do not find any specific provision in the Rules which debars the University from supplying the photo-stat copies of the answer-books of the subjects in which the petitioner either failed or passed and such an information, in any case, is not in one of the exceptional categories as provided under Section 8 of the Right to Information Act. 6. Hence, we direct respondent Nos.2 and 4 to supply to the petitioner photo-stat copies of the revalued answer-books in the subjects General Surgery, Medicine and Pediatrics of the petitioner’s examination held in May-June, 2011 within a 4 WP9843.11 period of one week from today and on payment of prescribed charges, if any. 7. Writ petition is disposed off in terms of the above directions. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 5 WP9843.11