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Bombay High Court

SHIVANI SUDHIR BHANDARIversusMAHARASHTRA UNIVERSITY OF HEALTH SCIENCE NASHIK THROU. ITS CONTROLLER OF EXAMINATION AND ANR

Decided
Disposal
Disposed Off

Holding

The Court held that the university must correct the internal assessment marks and publish the corrected result notwithstanding the prior declaration of results.

Summary

The petitioner, a MBBS student, filed a writ petition seeking correction of her internal assessment marks in Anatomy, which were erroneously recorded as TH‑00 and PR‑00 instead of the correct TH‑44 and PR‑59, causing her to appear to have failed the subject. The college acknowledged the clerical error and forwarded a corrected mark‑sheet to the university, but the university failed to act on the correction. The petitioner made representations to the university authorities, which were ignored. The university contended that once results are declared, internal assessment marks cannot be altered. The Court examined the admissions of error by the college and held that the university must rectify the marks despite the result declaration, directing it to correct the marks and publish the corrected result within a week. The petition was disposed of without any order as to costs.

Issues considered

  • Whether a university can correct internal assessment marks after the declaration of results.
  • Whether the petitioner is entitled to a judicial direction to rectify the erroneous marks and publish the corrected result.
  • Whether the university's refusal to amend the marks is legally permissible.

Subjects

  • internal assessment correction
  • university examination
  • writ petition
  • administrative law
  • error rectification
  • medical education

Judgment

                                                                                       9-WP-2598-26.doc

                      Sharayu Khot.
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                               WRIT PETITION NO. 2598 OF 2026
JITENDRA
SHANKAR
NIJASURE
Digitally signed by
JITENDRA SHANKAR
                            Shivani Sudhir Bhandari                            …Petitioner
NIJASURE
Date: 2026.03.05
18:22:21 +0530

                                      Versus

                            Maharashtra University of Health Science
                            Nashik Through Its Controller of
                            Examination & Anr.                                 …Respondents

                                                               ----------
                            Mr. Aaroh Kulkarni i/by M.M. Dhage for the Petitioner.
                            Mr. Prasad B. Kulkarni for the Respondent No. 1 – MUHS.
                            Ms. Mansi S. Bane, AGP for the Respondent-State.
                            Dr. Chintamani Bodhe (Nodal Officer), Dean, Chhatrapati Sambhaji
                            Maharaj Government Medical College and Hospital, Satara.
                                                               ----------

                                                        CORAM : R.I. CHAGLA J
                                                                ADVAIT M. SETHNA, J

                                                        DATE       :    4 March 2026

                            ORDER :


                            1.             Rule. Rule made returnable forthwith.



                            2.             Heard by consent of the parties.



                            3.             By this Writ Petition, the Petitioner is seeking a direction

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to the Respondents to forthwith correct the Internal Assessment

marks of the Petitioner in the subject of Anatomy from TH-00 and

PR-00 to TH-44 and PR-59 and display the marks obtained by the

Petitioner in the Theory and Practical components of the First Year

MBBS Summer 2025 Supplementary Examination.



4.          Further direction is sought against Respondent No. 1 –

University to declare and publish the corrected result of the Petitioner

in the First Year MBBS Summer 2025 Supplementary Examination in

accordance with law.



5.          The result for the First Year MBBS Summer 2025

Supplementary Examination, had been declared on 7th February

2026. The Petitioner although having passed in the Biochemistry

subject, found out that her marks in the Internal Assessment were

displayed as TH-00 and PR-00 instead of TH-44 and PR-59, as

displayed in earlier mark-sheet, due to which, the Petitioner is shown

as having failed the Anatomy subject.



6.          The Petitioner had addressed a written communication

on 9th February 2026 to the Professor and Head of the Department

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of Respondent No. 2-College pointing out the aforementioned error.



7.          The   Professor   and   Head   of   the   Department     of

Respondent No. 2-College had addressed a written communication

on 9th February 2026 to the Respondent No. 2 – Authority admitting

the error on their part in uploading the Internal Assessment marks.

The Respondent No.2 – Authority addressed written communication

to the Respondent No.1 – University requesting correction of marks

by annexing the Internal Assessment mark list reflecting the actual

and correct marks of the Petitioner in the subject of Anatomy i.e.

correcting marks TH-00 and PR-00 with TH-44 and PR-59 and which

was duly verified from the official records and signed by the

Petitioner. The Petitioner has also made detailed Representations on

11th February 2026 to the Vice Chancellor, the Controller of

Examination and Registrar of Respondent No. 1-University, both by

submitting the written communications in physical form as well as

through Email, requesting immediate rectification of the admitted

error in the Internal Assessment marks. Due to the Respondent No. 1

- University neither having taken corrective action nor decision on

the Petitioner’s Representations, the present Writ Petition has been

filed.

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8.          Mr. Aaroh Kulkarni, the learned Counsel for the

Petitioner has referred to the communication dated 9th February

2026, which had been addressed by the Respondent No. 2 – College

to Respondent No. 1 – University, by which the corrected mark-sheet

had been annexed reflecting the actual and correct marks of the

Petitioner. He has submitted that Respondent No. 1 – University has

failed to act upon the communication as well as the Representations

addressed by the Petitioner on 11th February 2026.



9.          Mr. Prasad B. Kulkarni, the learned Counsel for the

Respondent No. 1 – University, states that once the final results for

the MBBS Anatomy subject have been declared, the Internal

Assessment marks in the Anatomy subject cannot be corrected.



10.         Ms. Bane, AGP for the Respondent No. 2 – College, states

that the Respondent No. 2 – College has accepted that while filling in

the Internal Assessment marks in the Anatomy subject, there had

been an inadvertent error and which was corrected and brought to

the notice of the Respondent No. 1 – University.



11.         Having considered these submissions, we are of the view

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that there is a clear error in the original mark-sheet viz. instead of

showing the Internal Assessment marks of the Petitioner in the

Anatomy subject, as TH-44 and PR-59, the mark-sheet displayed as

TH-00 and PR-00 and due to which the Petitioner has been shown to

have failed in the Anatomy subject. This had been admitted by the

Respondent No. 2 – College as borne out from the communication

dated 9th February 2026 to the Respondent No.1 - University,

wherein the Respondent No. 2 – College has accepted the inadvertent

error in the original mark-sheet and annexed the corrected mark-

sheet, which was submitted to the Respondent No. 1 – University.



12.         Respondent No. 1 – University has not acted upon the

communication of the Respondent No. 2 – College, wherein the

corrected mark-sheet has been forwarded and we do not accept the

submission made by Respondent No. 1 – University that in view of

declaration of the Anatomy subject results of the Respondent No. 2 –

College, the mark-sheet of the Petitioner showing the corrected

marks in the Internal Assessment marks in the Anatomy subject

cannot be corrected.



13.         We accordingly, direct the Respondents to forthwith

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correct the Internal Assessment marks of the Petitioner in the

Anatomy subject from TH-00 and PR-00 to TH-44 and PR-59 and to

upload and display the marks obtained by the Petitioner in Theory

and Practical components of the First Year MBBS Summer 2025

Supplementary Examination.



14.         Respondent No. 1 – University is directed to declare and

publish the corrected results of the Petitioner in the First Year MBBS

Summer 2025 Supplementary Examination within a period of one

week from the date of this order.



15.         Writ Petition is accordingly, disposed of with no order as

to costs.




      [ADVAIT M. SETHNA, J.]               [R.I. CHAGLA J.]




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