As Mumbai University Loses Engineering Student’s Answer Sheet, Bombay HC Directs Allotment Of Avg Of Marks Scored In Other Subjects [Read Order]

In another instance of the Bombay High Court coming to the rescue of a Mumbai University student, a petition filed by a final year engineering student this time was allowed.

The petitioner, Saurabh Shelar, a student of Mechanical Engineering, contended that his main answer booklet was lost by the university, because of which only the supplementary answer booklet could be evaluated and 12 marks were given.

The bench of Justice BR Gavai and Justice BP Colabawalla noted that this act of allotting the petitioner 12 marks only, even though his main answer booklet was lost by the university, was unjust.

The court said: “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.”

Thereafter allowing the petition, the court observed: “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.”

The university has also been directed to finish the exercise and issue a revised mark sheet to the petitioner within two weeks.