IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review/Recall Application No. 138 of 2011 IN Writ Petition (S/B) No.97 of 2006 Dr. (Smt.) Dharamvati Devi ………… Petitioner Versus Vice Chancellor, Kumaon University and others .…...……. Respondents Present: Mr. Manoj Tiwari, Senior Advocate assisted by Mr. S.S. Yadav, Advocate for the applicant/petitioner. Mr. B.D. Upadhyay, Advocate for respondent Nos. 1 to 3. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Date of Decision : 17.03.2011 Barin Ghosh, C. J. (Oral) It is stated in the review petition that awarding of marks, as was awarded, was not in accordance with the rules governing the subject. It is the contention that for high school, graduation and post-graduation, a percentage of the total marks, according to the rules, had been earmarked and if assessment had been made on the basis thereof, petitioner would have got better marks than the respondent No.4. It is contended that it was also indicated in the writ petition that the rules prescribed awarding of certain percentage of the marks for those examinations. That having not been highlighted when the matter was urged and it having only been contended that because of the weightage given to respondent No.4 she has been selected, the Court went into the question whether grant of such weightage was appropriate or not? The Court held in favour of the petitioner. Despite that having noted that the petitioner obtained 65.2 marks and the respondent No.4 obtained 68 marks, as awarded by the selectors without such 2 weightage, the Court expressed its helplessness in helping the petitioner. The review applicant, as it appears to us, is seeking permission to re-argue the case. That being no ground for review, the application fails and the same is dismissed. ( Sudhanshu Dhulia, J. ) ( Barin Ghosh, C.J.) 17.03.2011 P. Singh