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Bombay high court has allowed the petition of a student of the Bombay University in which the petitioner Saurabh Shelar, who is a Mechanical Engineering student who claimed that his answer book was lost by the university, and the option left was evaluating supplementary answer sheet and 12 marks was given.
The bench comprising of Justice BR Gavai and Justice BP Colabawalla said that giving 12 marks to petitioner, after losing the original answer sheet by the university seems unreasonable.
The court also said that:
“We find that the action of the Respondent is totally unjust. It is some officers or examiners of the University on account of whose negligence the main answer sheet of the Petitioner is lost. The Petitioner cannot be penalized on account of mistake committed by some officers or the examiners of the University.”
After allowing the petition, court observed that:
“In the peculiar facts and circumstances of the case, we find that it will be in the interest of justice that the Respondent – University is directed to allot an average of the marks obtained by the Petitioner in remaining subjects. We find that if that is done, that will reflect the real merit of the Petitioner in the subject of which the main answer sheet is lost.”
Now the university has been directed to finish this and issue a revised mark sheet to the petitioner with in a time period of 2 weeks.
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