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1. The appellant had joined law classes in the H. P. University. He obtained 191/300,181/300 and 199/300 marks in the first three semesters. In the fourth semester he was declared successful with 233/400 marks. As he was not satisfied with the marks awarded to him in the Administrative Law and the Mercantile Law papers, therefore, he applied for re-valuation on 31-7-1974 in terms of the rule framed by the H.P. University on 31-7-1974 for the Administrative Law and Mercantile Law papers. He deposited the requisite fees for the same (Annexures B and C). After revaluation he was awarded 64 marks in the Administrative Law paper instead of 42 marks and 52 marks in the Mercantile Law paper instead of 56 marks. As a result of this revaluation he obtained 251 marks out of 400 marks in the 4th semester. The final marks-sheet (Annexure D) was issued to him on 14-11-1974 and the re-valuation seems to have been done in the months of Aug./Sept. 1974. The appellant was thus awarded 822 marks out of 1300 marks in the four semesters and he also completed his examination in the first attempt.

6. The appellant has now challenged the judgment of the learned single Judge by filing this appeal.

7. We have heard the learned counsel for the parties.

8. Mrs. Malhotra, the learned counsel for the appellant contends that the result of the 4th semester of LL. B. examination was declared in July 1974 and the appellant applied for re-valuation after depositing the requisite fees. The re-valuation was done in Aug./Sept. 1974 but the appellant was informed in Nov. 1974. In such circumstances, the appellant should not suffer due to the mistakes of the examiners and for all intents and purposes the marks of the appellant after re-valuation should be counted as if he had obtained these marks at the time of the initial declaration of the result. She also contends that the amendment in the ordinances was unauthorised and illegal. The University had no authority to give any retrospective effect to the amendments of the ordinances, which could not prejudice the case of the appellant or deprive him of his legitimate benefits and rights.

13. Due to re-valuation of the two papers the appellant secured more marks than respondent No. 4 and according to the Ordinances reproduced above, he was entitled to the grant of scholarship as well as the gold medal.

14. The sole point for determination is as to whether the re-valuation of the two papers communicated to the appellant by a detailed marks-sheet on 14-11-1974 entitle him to the grant of scholarship and the gold medal when in the meantime the Executive Council of the University made amendments in the Ordinances. The H.P. University through its Executive Council proposed some changes in the Ordinances and the amended ordinances were passed by the Executive Council in their meeting held on 31-10-1974 and 1-11-1974. The relevant portions of the revised Ordinances read as follows : --

16. A candidate sits in an examination on scheduled dates along with other candidates (if any) and he competes with these candidates. All the candidates take the examination on the same date/dates. The results are also declared for a particular class of candidates on a specified date/dates and the merit of a candidate is declared on the basis of these results. In case a candidate is not satisfied with the valuation of his paper/papers and feels that the same had not been fairly valuated then he has a right to get his papers re-valuated on payment of some fees under the Ordinances framed by the H.P. University. This concession is allowed to a candidate to remove his doubts with respect to a fair valuation. On re-valuation the marks can remain the same or they may be increased or decreased. The result of a candidate on the basis of the re-valuated papers will be deemed to be his final result. In view of the above accepted position and to be fair to the candidates, if after re-valuation the marks of a candidate increase or decrease then it cannot be said that the increase or decreased in the marks was due to the fault of a candidate. The real fault in fact was of the examiner who had awarded less or more marks to the concerned candidate at the earlier stages. The result after re-valuation will be binding on the candidate and in these circumstances, this final result should be considered to have been declared on the date when the result of all the candidates was declared. If this position is not accepted then it can lead to absurd results. There can be cases where an examiner may award more marks and thus allow a person (who otherwise is not entitled to get the scholarship as well as the gold medal, or he may award less marks to a deserving candidate and thus deprive such a deserving candidate of the scholarship or the gold medal. There can also be genuine mistakes committed by the examiners in evaluating the papers and due to these genuine mistakes of the examiners a cadidate may be getting less or more marks. To deprive a candidate of his legitimate right due to the mistakes/mistakes of the examiners who are duly appointed by the university and in whose appointment the candidates have no say will to doing great injustice to the concerned candidate. In these circumstances the just, fair and reasonable criteria is that the result of an examination whether before the re-valuation or after the re-valuation should be taken to" have been declared only once. This date can either be considered to be the date of the taking of the examinations or in the alternative the date of declaration of the results of the candidates. In either of these cases all the candidates will be put at par with their rival competitors. We may also observe that the Executive Council of the University has no legislative powers and, therefore, it cannot take away the benefits which has accused to a candidate due to his having been placed in the merit with other candidates in an examination held on a specific date for all the candidates. Hence the result declared upon the re-valuation of certain papers of a candidate will date back to the date upon which the result of all the candidates including the appellant (whose papers had been re-valuated) and others who had taken the examination with him, was declared. The Executive Council of the University had no authority to amend the Ordinances retrospectively. It could only make alter or amend the Ordinances prospectively.