Rajshree Neelam Tukral v. Secretary, Maharashtra States Board Of Technical Education And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8658 OF 2016 Rajshree Neelam Tukral .... Petitioner Vs.

Secretary, Maharashtra State Board of Technical Education & Anr.

.... Respondents Mr. A.A. Garge i/by Mr. Jitendra H. Oak for the Petitioner.

Mr. R.V. Govilkar for Respondent No.1.

Ms Sushma Bhende, AGP, for Respondent No.2.

CORAM: S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : JULY 27, 2016 P.C:

1.

We have heard Mr. Garge, appearing for the petitioner.

2.

With his assistance we have perused the entire petition carefully and together with the annexures. We cannot grant any relief only on sympathy. Sympathy does not displace law and particularly the rules in academic cases.

3.

The petitioner's result/statement of marks at page 16, admittedly, reveals that in one subject - Mobile Computing - she obtained 28 marks, which is much below the minimum mark out of 100 required for passing in the subject. 4.

As a result of this, she was declared failed. The petitioner may have attempted re-assessment or revaluation, but in that as well there has to be a difference of 10% and more. Meaning thereby, 10% of the marks earlier granted have to be obtained in the revaluation. Admittedly, the petitioner does not get that 10%. Further admittedly, the petitioner cannot be given any grace mark so long as, on her own showing, she fails to obtain 30 marks. If the minimum marks for passing in the subject are 40 and on revaluation the petitioner had obtained 30 marks, there is no change in her result. These are the rules made by the academic bodies and we do not find anything arbitrary or mala fide about them. They are not made or targeted at any particular student nor there is an intention to go on failing students indiscriminately. In the circumstances, we do not find

that this is a fit case for interference in writ jurisdiction. The writ petition is dismissed.

(DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C. DHARMADHIKARI, J.)