Shivani Sudhir Bhandari v. Maharashtra University Of Health Science Nashik Throu. Its Controller Of Examination And ANR

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2598 OF 2026 JITENDRA SHANKAR NIJASURE Shivani Sudhir Bhandari

...Petitioner

JITENDRA SHANKAR NIJASURE Date: 2026.03.05 18:22:21 +0530

Versus

Maharashtra University of Health Science Nashik Through Its Controller of Examination & Anr.

...Respondents

---------- Mr. Aaroh Kulkarni i/by M.M. Dhage for the Petitioner. Mr. Prasad B. Kulkarni for the Respondent No. 1 - MUHS. Ms. Mansi S. Bane, AGP for the Respondent-State. Dr. Chintamani Bodhe (Nodal Officer), Dean, Chhatrapati Sambhaji Maharaj Government Medical College and Hospital, Satara. ---------- CORAM : R.I. CHAGLA J ADVAIT M. SETHNA, J DATE :

4 March 2026 ORDER :

1.

Rule. Rule made returnable forthwith.

2.

Heard by consent of the parties.

3.

By this Writ Petition, the Petitioner is seeking a direction 1/6

to the Respondents to forthwith correct the Internal Assessment marks of the Petitioner in the subject of Anatomy from TH-00 and PR-00 to TH-44 and PR-59 and display the marks obtained by the Petitioner in the Theory and Practical components of the First Year MBBS Summer 2025 Supplementary Examination.

4.

Further direction is sought against Respondent No. 1 - University to declare and publish the corrected result of the Petitioner in the First Year MBBS Summer 2025 Supplementary Examination in accordance with law.

5.

The result for the First Year MBBS Summer 2025 Supplementary Examination, had been declared on 7th February 2026. The Petitioner although having passed in the Biochemistry subject, found out that her marks in the Internal Assessment were displayed as TH-00 and PR-00 instead of TH-44 and PR-59, as displayed in earlier mark-sheet, due to which, the Petitioner is shown as having failed the Anatomy subject.

6.

The Petitioner had addressed a written communication on 9th February 2026 to the Professor and Head of the Department 2/6

of Respondent No. 2-College pointing out the aforementioned error. 7.

The Professor and Head of the Department of Respondent No. 2-College had addressed a written communication on 9th February 2026 to the Respondent No. 2 - Authority admitting the error on their part in uploading the Internal Assessment marks. The Respondent No.2 - Authority addressed written communication to the Respondent No.1 - University requesting correction of marks by annexing the Internal Assessment mark list reflecting the actual and correct marks of the Petitioner in the subject of Anatomy i.e. correcting marks TH-00 and PR-00 with TH-44 and PR-59 and which was duly verified from the official records and signed by the Petitioner. The Petitioner has also made detailed Representations on 11th February 2026 to the Vice Chancellor, the Controller of Examination and Registrar of Respondent No.

1-University, both by submitting the written communications in physical form as well as through Email, requesting immediate rectification of the admitted error in the Internal Assessment marks. Due to the Respondent No. 1 - University neither having taken corrective action nor decision on the Petitioner's Representations, the present Writ Petition has been filed.

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8.

Mr. Aaroh Kulkarni, the learned Counsel for the Petitioner has referred to the communication dated 9th February 2026, which had been addressed by the Respondent No. 2 - College to Respondent No. 1 - University, by which the corrected mark-sheet had been annexed reflecting the actual and correct marks of the Petitioner. He has submitted that Respondent No. 1 - University has failed to act upon the communication as well as the Representations addressed by the Petitioner on 11th February 2026. 9.

Mr. Prasad B. Kulkarni, the learned Counsel for the Respondent No. 1 - University, states that once the final results for the MBBS Anatomy subject have been declared, the Internal Assessment marks in the Anatomy subject cannot be corrected. 10.

Ms. Bane, AGP for the Respondent No. 2 - College, states that the Respondent No. 2 - College has accepted that while filling in the Internal Assessment marks in the Anatomy subject, there had been an inadvertent error and which was corrected and brought to the notice of the Respondent No. 1 - University. 11.

Having considered these submissions, we are of the view 4/6

that there is a clear error in the original mark-sheet viz. instead of showing the Internal Assessment marks of the Petitioner in the Anatomy subject, as TH-44 and PR-59, the mark-sheet displayed as TH-00 and PR-00 and due to which the Petitioner has been shown to have failed in the Anatomy subject. This had been admitted by the Respondent No. 2 - College as borne out from the communication dated 9th February 2026 to the Respondent No.1 - University, wherein the Respondent No. 2 - College has accepted the inadvertent error in the original mark-sheet and annexed the corrected marksheet, which was submitted to the Respondent No. 1 - University. 12.

Respondent No. 1 - University has not acted upon the communication of the Respondent No. 2 - College, wherein the corrected mark-sheet has been forwarded and we do not accept the submission made by Respondent No. 1 - University that in view of declaration of the Anatomy subject results of the Respondent No. 2 - College, the mark-sheet of the Petitioner showing the corrected marks in the Internal Assessment marks in the Anatomy subject cannot be corrected.

13.

We accordingly, direct the Respondents to forthwith 5/6

correct the Internal Assessment marks of the Petitioner in the Anatomy subject from TH-00 and PR-00 to TH-44 and PR-59 and to upload and display the marks obtained by the Petitioner in Theory and Practical components of the First Year MBBS Summer 2025 Supplementary Examination.

14.

Respondent No. 1 - University is directed to declare and publish the corrected results of the Petitioner in the First Year MBBS Summer 2025 Supplementary Examination within a period of one week from the date of this order.

15.

Writ Petition is accordingly, disposed of with no order as to costs.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.] 6/6