Court No. - 39
Case :- WRIT - C No. - 19101 of 2021 Petitioner :- Mandeep Bhati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vivek Prakash Mishra Counsel for Respondent :- C.S.C.,Avneesh Tripathi
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The petitioner is student of M.B.B.S. in Saraswathi Institute of Medical Sciences, Hapur. The said institute is affiliated to Chaudhary Charan Singh University, Meerut. The case of the petitioner is that his marks in internal Surgery (Practical) subject has been wrongly shown to be 14 in place of 24 on account of clerical error. The petitioner has prayed for a mandamus directing the respondent University to carry out correction in his marks sheet accordingly. He has also prayed for a mandamus directing respondent no. 4 to permit him to pursue his internship.
A supplementary affidavit has been filed during the course of hearing alongwith which the petitioner has brought on record decision of Examination Committee dated 21.08.2021 whereunder the Examination Committee placing reliance on judgment of Supreme Court in Maharashtra University of Health Sciences Represented by Deputy Registrar Vs. Paryani Mukesh Jawahar Lal & Ors AIR 2007 SC 2264 has resolved to declare a candidate passed or failed on the basis of aggregate marks obtained in external examination excluding the marks obtained in internal examination.
Learned counsel for the petitioner submitted that even if the marks of the petitioner in internal Surgery (Practical) paper remains unchanged, he should be declared passed in view of the decision taken by the Admission Committee in light of Supreme Court judgment.
Sri Avneesh Tripathi, appearing on behalf of respondent University, on instructions states that since aggregate marks of the petitioner in external examination is more than 50%, therefore, in light of decision of Examination Committee, University will pass order in relation to petitioner as well.
Learned counsel for the petitioner states that petitioner is not pressing the plea relating to clerical error in internal examination Surgery (Practical) paper in view of the decision of the Examination Committee dated 21.08.2021.
Accordingly and with consent of learned counsel for the parties, the petition stands disposed of by providing that the University shall pass specific order in relation to the petitioner within one week from today in the light of decision of Admission Committee dated 21.08.2021.
(Deepak Verma,J.) (Manoj Kumar Gupta,J.) Order Date :- 24.8.2021 Vikram