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W.P. No.7145 of 2010
Dinesh Thakur Rani Durgawati Vishvidhyalaya
and ors.
29.9.2010
Sarvashri D.K. Dixit, and Shri Anurag Tiwari, Counsel for
the petitioner.
Shri P.K. Kaurav, learned Dy. A.G. And Smt. Jahanvi
Pandit for respondent No.1.
Shri N.K. Salunke, Counsel for respondent No.2.
Shri Mohan Sausarkar, Counsel for respondent No.3.
This order shall decide W.P.7145/2010, W.P.6221/2010,
W.P.5984/10 and W.P.5709/10, as a common question is
involved for consideration of this Court in all the matters. For
the convenience, facts are taken from W.P.7145/2010.
Petitioner has sought following reliefs :-
1. To call for the records from the respondents for
the satisfaction of this Hon. Court.
2. To command the respondents to grant two grace
marks to the petitioner in the subject of General
Pathology and Micro Biology (Theory) by
issuance of an appropriate writ and or direction.
3. To command the respondents to declare the
petitioner successful in BDS 2nd year
examination after allowing him two grace marks
and to allow him to appear in the 3rd year
examination by issuance of an appropriate writ
and or direction.
4. Any other reliefs which this Court may deem
just and proper in the circumstances of the case
be also granted in favour of the petitioner
alongwith cost of this petition.
Case of the petitioners is that as per the revised
Regulations called as Dental Council of India revised BDS Course
Regulations, 2007 Annexure P-4, all the petitioners are entitled
for grace marks up to maximum 5 marks but the respondent
No.1 is not granting the aforesaid grace marks to the
petitioners.
Learned counsels appearing for the respondent
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W.P. No.7145 of 2010
Dinesh Thakur Rani Durgawati Vishvidhyalaya
and ors.
29.9.2010
No.1/University submitted that they have received instructions
from the University and considering the peculiar facts of all the
cases in which because of the ad interim writ issued by this
Court all the petitioners have been permitted to prosecute their
studies in higher classes, the University has decided to award
aforesaid 5 grace marks to all the students. It is further
submitted by them that this order may not be treated as
precedent in future.
The aforesaid contention is not opposed by the other side.
In view of the aforesaid statement made on behalf of the
University, no further order is required in this petition. All the
petitions are disposed of finally in terms of the statement made
by Shri P.K. Kaurav and Smt. Jahanvi Pandit. We also allow the
contentions of the counsels for respondent No.1 that this order
shall not be treated as precedent because this case has not
been decided on merits and this issue is left open.
After awarding grace marks to the petitioners, if they are
found eligible to prosecute studies in the next higher classes and
if they have appeared in the higher classes, respondents shall
also declare the results of those petitioners for higher class.
No order as to costs.
C.C.as per rules.
(Krishn Kumar Lahoti) (Smt. Vimla Jain)
JUDGE JUDGE
vj