This led him to file a writ petition in the High Court of Chhattisgarh for a declaration of his result and for the issuance of a mark sheet based on the result of the repeat examination.
Successful candidates who obtain 60 of more of the aggregate marks shall be placed in the First Division, those obtaining less than 60 but number less than 48 in the Second Division and all other successful candidates obtaining less than 48 in the Third Division.
But he did number improve his division despite the improvement in marks.
Accordingly, he moved a companytempt petition which was dismissed by the learned Single Judge on 31st January, 2012 holding that the University was obliged only to intimate the marks obtained by Mishra but was number obliged to issue a fresh mark sheet.
The application came to be disposed of by the learned Single Judge on 16th January, 2013, inter alia, with the following observations By this petition, the petitioner seeks modification of the order dated 29.09.2011 to the extent that the respondent University be directed to issue a fresh new mark sheet to the petitioner for the repeat M.Com Previous Final examination.
The appeal was disposed of by the Division Bench of the High Court by the order under appeal dated 20th February, 2013.
No formal mark sheet was issued to him.
The marks required for obtaining these divisions shall be the same as prescribed in the Ordinance i.e. examinees who are successful in final of the examination and have obtained 60 or more of the aggregate of the marks in Previous and Final of the examinations taken together shall be placed in the First Division and examinees who are successful in Final of the examination and have obtained less than 60 but number less than 48 of the aggregate marks in Previous and Final of the Examination taken together shall be placed in the Second Division.
Thereafter, Mishra preferred an intra court appeal against the order dated 29th September, 2012 and the order dated 16th January, 2013.
Mishra then filed an application for review of the order dated 29th September, 2012 passed in the writ petition.
There shall be only two division for such candidates i.e. First Division and Second Division.
That writ petition was withdrawn on 3rd September, 2012 with liberty to take recourse to such other forum as may be available to him under the provisions of law.
This tantamount to attempt of the petitioner to seek opportunity to argue the entire case afresh under the garb of review petition, which is number permissible and tenable in law.
In view of the above, Mishra filed another writ petition in the High Court, for the issuance of a fresh mark sheet.
Accordingly, a direction was given to the University to supply the marks obtained by Mishra in the repeat examination held in March, 2010.
The writ petition was disposed of by a learned Single Judge by an order dated 29th September, 2011 in which it was held, inter alia, that in the present age of transparency there is numberreason to companyceal the marks obtained by Mishra in the repeat examination.
Since Mishra did number improve his division, he was number entitled to a fresh degree in terms of Clause 9 vii of the Ordinance.
In companypliance with the orders passed by the learned Single Judge the University did intimate to Mishra the marks he had secured in the repeat examination, but that was in the form of a letter.
Madan B. Lokur, J. Leave granted.
Since he was desirous of improving his division by obtaining a first division, he appeared in a repeat examination as a number companylegiate student in March 2010.
Candidates who have passed the M.Com examination of the University in Third or Second Division and desire to appear at the M.Com examination for improving division may, without attending a regular companyrse of study in a companylege affiliated to the University or in a Teaching Department of the University be allowed to appear at the aforesaid examination as number companylegiate student on the following companyditions.
In the judgment under appeal, the High Court of Chhattisgarh framed the following question for adjudication, namely Whether Pandit Ravishankar Shukla University, Raipur the University is liable to issue mark sheet to the students, who are permitted to appear in the examination for improving division of M.Com examination the subsequent examination under Ordinance 24 of the University the Ordinance , even if the division does number change?
As mentioned above, Mishra obtained 49.54 marks which places him in the second division.
After he took the examination, his result was number declared.
The High Court answered the question in the affirmative.
