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2009 Supreme(Bom) 175

R.C.CHAVAN
Sunil kumar s/o. Gayaprasad Mishra – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Shri. R. M. DAGAL. Advocate for Appellant. Shri. P. D. KOTHARI. Additional Public Prosecutor for Respondent.

JUDGMENT:- These two appeals are directed against conviction of the appellants by the learned 2nd Additional Chief Judicial Magistrate. Nagpur for offences punishable under Sections 420, 468, 471 and 120-B read with Sections 34 and 109 of the Penal Code.

2. Facts, which led to prosecution and conviction of the appellants are as under :

In 1999 a scandal of bogus degrees, mark -sheets and unwarranted increase of marks at various examinations conducted by the Nagpur University surfaced. Conduct of examinations, evaluation of answer papers and declaration of results are governed by the provisions of Ordinance No.9 issued by the Nagpur University. This did not provide for revaluation, which facility was made available by Ordinance No.159. After revaluation was permitted by the Ordinance, the practice followed, as elicited from the evidence on record is as follows:

3. A student had to apply for revaluation within twenty days from the issuance of mark-sheet. After a candidate applied for revaluation after paying the prescribed fee an entry used to be taken in the Revaluation Tabulation Register (hereinafter referred to as "the RTR" for the sake or brevity). The RTR contains the following























































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