A student who voluntarily opts for a supplementary exam cannot escape the classification as a repeater under university regulations, and courts cannot direct authorities to breach their own rules.

JUDGMENT :

M. M. SATHAYE, J.

1. Rule. Learned Counsel for the Respondent waives service. Rule made returnable forthwith. Heard finally by consent.

2. By this Petition under Article 226 of the Constitution of India, the Petitioner, a final year M.B.B.S. student is seeking direction to the Respondent, a health university established under the Maharashtra University of Health Sciences Act, 1998 (‘the said Act’ for short) to issue corrected marksheet of the Petitioner for Winter 2023 exam, by deleting earlier marks of practical exam of Obstetrics and Gynaecology (‘OBGYN’ for short) and to replace the same by marks scored by her in the exam conducted on 07/06/2024. The Petitioner is also seeking directions to remove the word “Supplementary Exam” from the corrected marksheet of the Petitioner for the Winter 2023 exam. A direction is also sought to retain OBGYN theory marks of the Petitioner as shown in marksheet of Winter 2023 and not the theory marks of Summer 2024 exam. Further direction is sought for correction in roll number and showing the Petitioner as “pass” in all subjects of Winter exam including practical exam of OBGYN.

3. The case of the Petitioner in short is as under. The Petitioner was pursuing her M.B.B.S. course from K. J. Somaiya Medical College and Research Center. She passed all exams of M.B.B.S. course i.e. 1^st M.B.B.S., 2^nd M.B.B.S. and 3^rd M.B.B.S. (Part I) in first class, first attempt. She was admitted to 3^rd M.B.B.S. (Part II) which has a compulsory subject of OBGYN. It is alleged that her attendance for the said subject was wrongly calculated, which was pointed out to the Head of the Department - Dr. Sonawane, who took it as a challenge to his authority and as a result, failed the Petitioner in practical exam of the said subject. The Petitioner appeared for Winter 2023 exam of 3^rd M.B.B.S. (Part II) in the month of January-February 2024 and successfully passed both theory and practicals of all other subjects in first attempt except the said subject - OBGYN practicals. According to the Petitioner, this was a result of vindictive act of the said head of the department, who was the internal examiner. Being aggrieved by the same, she complained to the Respondent–University requesting for an inquiry. Internal committee of the college was appointed, who gave report against the Petitioner. Therefore, 2^nd committee was appointed by the Respondent- University, which observed that inquiry was conducted without hearing the Petitioner.

4. In these circumstances, the Petitioner filed first Writ Petition being W.P.No. 6837 of 2024 before the Vacation Bench of this Court, who directed under order dated 30/05/2024 that practical exam of the Petitioner in OBGYN for M.B.B.S.-3^rd year-part-II be conducted at different examination center on or before 06/06/2024. It was further directed that result of the exam be submitted to the Court and shall not be publicly declared. The Respondent filed Special Leave Petition (SLP) in the Hon’ble Apex Court against the said order of Vacation Bench, however by order dated 07/06/2024, the Apex Court declined to interfere, keeping the question of law, if any, open. After the dismissal of SLP, the Respondent conducted practical exam of the Petitioner on 07/06/2024 and tendered Petitioner’s result in a sealed envelope to the Court on the subsequent hearing on 13/06/2024. This Court by order dated 13/06/2024, found that the Petitioner has secured more than passing marks (133 out of 200 i.e 66.5%) in the practical exam. Therefore it was not felt necessary to undertake any further consideration of rival contentions and therefore it was directed that marks secured by the Petitioner in practical exam conducted on 07/06/2024 be treated as marks secured by her in 2^nd term practical examination in the said subject of OBGYN. Corrected marksheet was directed to be issued and it was further directed that on declaration of said results, all necessary consequences would follow. The said order clarified that it w