The petitioners led by Seema Pay have alleged that powers of the Chancellor - Governor PC Alexander - in this respect, under Maharashtra Universities Act, 1994, were violative of provisions of Article (14) of the Constitution.

On April 3, the Chancellor held the marks given by Vice-Chancellor Snehalata Deshmukh were wrong and ordered that they be withdrawn. The governor held the VC had misinterpreted Ordinance 234, which allows modification of results in cases where malpractices are suspected in the process of exam.

In their petitions, the students who have already been declared doctors due to thegrace marks and are working as interns have pleaded they are being put through immense hardship. They would have to sit for the same paper again on May 6.

The petitioners have challenged the Chancellor's powers and submitted that Section 9 (A) of the Act, under which the order was passed was ``an unguided power which has the effect of overriding decisions taken on behalf of the university.'' Under this section, the Chancellor has power to modify any order or resolution or proceeding not in conformity with the Act, statutes, ordinances or regulations or which is not in the university's interests.

The plea submitted the powers had the effect of ``adversely affecting university's autonomous nature.'' ``No guidelines of power to higher authorities in this respect amounts to excessive delegation of legislative authority contrary to provisions of Article 14 of the Constitution,'' the petition has said, urging HC to strike off the section. The students alleged the powers under the section are so wide, they``deprive the petitioners of protection of courts from the harsh and unreasonable action by the chancellor.''

Chronicling events, the petitioners have said their crucial paper on Preventive and Social Medicine was on October 28, '98, when it was found to be out of syllabus. Results declared on January 12, '99 showed that nearly 100 students failed. After subsequent representations to the VC, the students were declared passed after eight grace marks were given.

The students said they had tried to meet the Chancellor and had on April 3 even waited from 11 am to 6 pm to meet him, but were unable to do so. Orders to withdraw the grace marks were given the same day.

The students have claimed the University was well within its powers to give grace marks even after declaration of results and have cited precedents of 1995 when university had given grace marks to Arts students after results were declared. Similarly, they have claimed that in 1980, Aurangabad University had declared its decision to grant 17 extramarks to students after results were out.

The withdrawal of marks meant jeopardising their careers, they have submitted and prayed the circular of April 5 be quashed.

NSUI demands enquiry into paper revaluation

The National Students' Union of India (NSUI) has demanded a judicial enquiry into revaluation of the Preventive and Social Medicine (PSM) paper of final year MBBS, conducted after the eight grace marks were withdrawn. In a letter to the Chancellor, the NSUI has said 50 percent of students who had applied for revaluation had benefitted.

This indicated that the earlier stand taken by university -- to grant grace marks as the PSM paper was `tough' -- was wrong, the NSUI has said, or that the current revaluation exercise is `erroneous'. Either an enquiry should be instituted or the VC should resign, the NSUI has demanded.