The literal meaning of the words in ordinances should be accepted, and the interpretation contrary to the plain and literal meaning of the words should not be accepted.

JUDGMENT

GS PATEL,J. - The consolidated Petition seeks a common relief for two Petitioners who are differently positioned. There ought to have been two separate Petitions as each Petitioner has a distinct cause of action and a distinct factual data set. Since, however, urgency is expressed, rather than lose time by directing the filing of a second Petition, or the withdrawal of this Petition and the filing of two fresh Petitions, we have proceeded with the hearing. There is also a consolidated reply filed on behalf of the 2nd Respondent by one Gajanan Ramakant Palse. The 2nd Respondent is the Registrar/Vice Chancellor of Shivaji University, Kolhapur. The Affidavit is filed by Deputy Registrar (Examination).

2. The 1st Petitioner, Savita Balaso Niruke, and the 2nd Petitioner, Sanjay Dhondu Kolekar, are both law students. The factual background briefly stated is this.

3. Savita took admission to the New Law College, Kolhapur in 2015. The New Law College is affiliated with the Shivaji University, Kolhpur. Sanjay obtained admission in March 2018 to the law course at the Shahaji Law College, Kolhapur.

4. Until March 2020, neither Savita nor Sanjay did well in their semester examinations. That is putting it at its mildest. They did very badly. Since 2015, Savita consistently failed a first semester examination until October 2019. After March 2020, the examinations were held online. Savita passed all the online examinations until October 2021. In March 2022, the examination was again offline but in Multiple Choice Question or MCQ format. Savita failed again. We only note these dates. Everybody knows what happened in the period between March 2020 and late 2021. The reasons why examinations were held online is also well known. We should not be understood to have expressed any view as to the reasons for this cycle of failing, passing, and failing yet again. Savita has applied for the revaluation of papers after March 2022, but without a fruitful result.

5. Sanjay's performance is hardly better. After he obtained admission to Shahaji Law College in March 2018, he failed in the examinations until October 2019. He successfully passed the online examinations between March 2020 to October 2021, but in March 2022 failed the MCQ format offline examination.

6. It is in this factual background that the Petitioners seek a Mandamus in terms of prayer clause (a) at page 12. It reads thus:

"a. this Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other writ, order or direction directing Respondent Nos.2 and 3 to grant the petitioner No 1 and 2, 7 grace marks/Condonation of Deficit Marks in subject Law Of Crimes II Criminal Procedure Code, Labour Law II Industrial Law respectively in the 6th Semester Examination held on month of March 2022 and further declare that the petitioners have passed the 6th semester of the LLB course of 3 years law course conducted by the respondent number 2 and further to issue the result to that effect."

7. The invocation for the grace marks is on the basis of certain ordinances, two in particular. We turn to these directly. These are at pages 25 to 27. We are concerned with Ordinance 94 and Ordinance 96, reproduced below. O.94:(U.O.01.):

Grace Marks for passing in each head of passing (Theory/Practical/Oral/Sessional) (External/Internal):

The examinee shall be given the benefit of grace marks only for passing in each head of passing (Theory/Practical/Oral/Sessional) in External or Internal examination as follows:

Head of Passing Grace Marks

Up to 50 2

51 to 100 3

101 to 150 4

151 to 200 5

201 to 250 6

251 to 300 7

301 to 350 8

351 to 400 9

401 and above 10

Provided that the benefit of such gracing marks given in different heads of passing shall not exceed 1% of the aggregate marks in that examination.

Provided further that the benefit of gracing of marks under this Ordinance shall be applicable only if the candidate passes the entire examination of semester/year. Provided further that this gracing