Y. B. SURYAVANSHI, J.

( 1 ) THE petitioner who has passed B. Com Final Degree Examination in the year 1985 has filed this petition under Articles 226/227 of the Constitution of India, praying, that an appropriate writ or directions be issued to the University (respondent No. 1) to notify fresh MERIT-LIST according to the petitioner's result in REVALUATION of examination papers. According to the results declared in Notification dated 15-07-85, which related to the "merit List of First Ten Students" scoring highest marks shown in descending order (Annexure-B), the petitioners position was at Sr. No. 3. But as a result of revaluation, the petitioner having scored the highest marks should be at Sr. No. 1 vis-a-vis the two students (respondents 2 and 3 ). Hence this petition.

( 2 ) (I) It is common ground that the petitioner Manoj Kumar Jindal, a student of Ravishankar University appeared in B. Com. Final Year Examination in 1985, with Roll No. 97495. The University published and declared on 15-07-85 the results of the candidates and the Merit-List of First Ten toppers (Annexure-b ). That position is admittedly, as shown below : total number of candidates appeared : 2615 candidates passed : 1143 pass percentage : 43. 7 merit-LIST roll No. Name of candidate position marks obtained out of 1200 name of centre 101555 jitendra Kumar Singh (Respt. No. 1)first 832 govt. Digvijay College, Rejnandgaon. 97597 vijay Kumar Manjuja (Respt. No. 2) second 827 durga College, Raipur. 97496 manoj Kumar Jindal (Petitioner)third 820 - do- (II) The petitioner as per rules, applied for re-valuation within prescribed limit of 30 days. The Answer-books were revalued. According to the result of revaluation, the petitioner's marks in General English and Business English were substantially increased by 20 and 9 marks respectively i. e. 29 marks were added to his final result. Undisputedly, after revaluation the petitioner's marks are 820 + 29 = 849 i. e. 17 marks above the total marks obtained by Sr. No. 1 in the Merit-List, dt. 15-07-85, (Annexure-B ). The petitioner applied (Annexure-C) and requested the University to amend the Merit-List and place him in First Position. The Executive Council considered the application in its meeting, held on 19-12-86, and took a decision not to amend the Merit List (Minutes - Annexure-D ). The petitioner was accordingly informed, vide letter dt/-30-12-86 (Annexure-E ).

( 3 ) THE petitioner's case is that throughout he had a meritorious academic record and the impugned decision is arbitrary, discriminatory and illegal, as it is a denial of his legal right to get a legitimate place in the Merit List. The decision is hostile to the interests of laborious and devoted students, and as such, it is unreasonable and also contrary to the law of education and the same is liable to be struck down. It is further stated that the act of revaluation is part and parcel of process of the main examination and the Executive Committee was bound to take notice of revalued result while notifying the Merit-List. Hence the prayer for directions that fresh Merit-List in accordance with petitioners achievement after revaluation be notified.

( 4 ) THE respondent No. 1 (University) in its return, stated, that u/s. 23 (xliv) of M. P. Vishwavidyalaya Adhiniyam, 1973, the Executive Council is the authority to exercise all the powers of University not otherwise provided for in the Act or the statute, which includes, to take decision about the declaration of the Merit-List and change it subsequently exercising their powers. Ordinance No. 6 under the said Adhiniyam relates to "examinations (General)". Part V of the said Ordinance provides for "general Conditions applicable to all candidates" and Clause 26 provides, that a candidate whose result has been declared may apply to the Registrar for revaluation. Under Clause 31, the names of first ten successful candidates (who obtained First Division) in each examination is declared in order of merit. It is sta

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