1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7637/07 Pawan Kumar & Ors. Vs. Rajasthan Health Science University & Anr. Date of order : 18/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.K. Jain for the petitioners. Dr. Y.C. Sharma for the respondent. ****** The petitioners approached this Court with the prayer that the respondents be directed to permit them to appear in M.B.B.S. Final Year Part-II (Remanded) Examination, 2007 for the remaining papers. This Court granted the said permission on 25.9.2007, but it is informed that the petitioners have failed to qualify the same. The petitioners were not permitted to appear in the said examination because of the fact that their marks for internal examination of the subject of ENT and Opthamology have not been correctly reflected. It is contended that petitioner no.2 has in fact secured six marks in the subject of Opthamology, whereas only four marks have been mentioned in the mark sheet. Similarly, in the internal examination of ENT, he has got eight marks, 2 whereas same have been shown as five marks in the mark sheet. This occurred on account of the mistake committed by SMS, Medical College in not correctly sending the marks. The petitioners have made a reference to one student Avakash in whose case also SMS, Medical College corrected the similar mistake. The respondents in the reply to the writ petition have not denied the fact that SMS, Medical College has send subsequent marks of the internal examination of the petitioner but their contention is that said marks were received by them after result of the MBBS, Part-I has been declared. In the facts of the case, more specifically when the SMS, Medical College has since corrected the marks in the subjects of ENT and Opthamology, the petitioners cannot be made suffer for fault of the College in not sending the correct marks in time and for the same reason, they cannot be penalised, if the incorrect marks were sent in the first instance. The writ petition is therefore allowed with the direction to the respondents to add 3 the correct marks to the petitioners in MBBS First Year Examination and issue revised mark sheet. The petitioners are also directed to submit their original mark sheet within one week from the date of receipt of certified copy of this order and the respondents are directed to issue revised mark sheet within a week soon after the petitioners submit the original mark sheet. (MOHAMMAD RAFIQ), J. RS/