LAW FOR ALL

Student - A fresh Mark Sheet not necessary to issue on improvement examination result when division not changed - “Whether Pandit Ravishankar Shukla University, Raipur (the University) is liable to issue mark sheet to the students, who are permitted to appear in the examination for improving division of M.Com examination (the subsequent-examination) under Ordinance 24 of the University (the Ordinance), even if the division does not change?”= The High Court answered the question in the affirmative. We disagree. Ordinance No.24 of the University does not oblige it to issue a fresh mark sheet to a student who does not improve his division on taking a subsequent examination held for improving the division.= Ordinance No. 24 entitles a student to take a repeat examination only to improve the division obtained. If there is no improvement in the division after the repeat examination, there is no occasion for the University to issue a fresh degree to that candidate. The question of issuing a fresh mark sheet, if there is an improvement in the marks after the repeat examination, simply does not arise from the plain language and scheme incorporated in Ordinance No. 24. 19. Under these circumstances there is no option but to set aside the Judgment and Order passed by the High Court and allow this appeal. We do so but with no order as to costs.