1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5386 OF 1997 Noorunisabegum D/o Hafiz Gulam Mahemood Age : 24 Yrs., Occ. Education (Student), R/o : Faiz Complex, Opp. Ram Mandir, Kiradpura, Aurangabad. .... PETITIONER V E R S U S 1. Dr. Babasaheb Ambedkar Marathwada University Aurangabad through its Vice Chancellor. 2. The State of Maharashtra Through Govt. Pleader, High Court of Bombay, Bench at Aurangabad. .... RESPONDENTS Mr. M.S.Choudhari, Advocate for petitioner. Mr. S.N.Kendre, Assistant Govt. Pleader for State. Mr. S.S.Bora, Advocate for respondent no. 1. CORAM : B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 25/06/2010 ORAL JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. The petitioner had passed her M.A. II year examination in first division and was shown as having stood third in the order of merit by the 2 result dated 1/6/1997. The petitioner applied for revaluation of the marks of Paper – V. It was communicated to the petitioner that in revaluation, the marks of Paper – V have been increased from 55 to 68 and the amended mark memo is also issued to the petitioner. Though the amended mark memo has been issued but certificate of merit as having stood first in the order of merit is not issued to the petitioner. The petitioner made representation with the respondent no. 1 to declare her as having stood first in the order of merit as per the marks. But the respondent no. 1 did not accede to her request. As such, the present petition is filed for giving the petitioner the certificate as having stood first in the order of merit and also for the scholarship, prizes, medals and other benefits. 2. We have heard Mr. M.S. Choudhari, the learned counsel for the petitioner and Mr. S.S. Bora, the learned counsel for the respondent – University. Mr. Bora relied on Ordinance 105 and states that though the marks have been increased in revaluation and she stands in the order of the merits after increase of the marks in revaluation, but she is not eligible for the prizes, medals, scholarship and other benefits on account of result of revaluation. 3. Perusing the said Ordinance, it only lays down that the candidate would not be entitled to the medals, prizes, scholarship, any award as a result of increase in marks in revaluation. The said Ordinance nowhere prohibits issuance of certificate, if a candidate stood in the order of merit. In view of the same, the petitioner would be entitled to get certificate as having stood first in the order of merit. However, as the Ordinance does not permit 3 the entitlement for medals, prizes or any other award and as the candidate who was given said award is not party to the present petition, we are not inclined to grant the same. 4. In the result, the petition partly succeeds. Respondent no. 1 – University is directed to issue certificate to the petitioner as having stood first in the order of merit in the examination of M.A. Urdu for the year April – May, 1997. 5. Rule is made absolute on above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ B.R.GAVAI ] JUDGE JUDGE knp/WP 1329.98