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
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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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