SANATAN GAUDA Vs. BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) This is an appeal by special leave against the order dated 30th July, 1987 of the High Court of Orissa.

(2.) The appellant passed his M.A. examination in July, 1981 securing in the aggregate 364 marks out of 900 marks, i.e., more than 40 per cent of the total marks. In 1983, he secured admission in Ganjam Law College for three-years Law Course. There is no dispute that at the time he took admission, he had submitted his mark-sheet along with his M.A. degree certificate. The appellant completed his first year course known as the "Pre-Law Course" and in 1984 was promoted to the second year course known as the "Intermediate Law Course". In 1985, he appeared for the Pre-Law and Inter-Law examination held by the Berhampur University to which the Ganjam Law College is affiliated. He gave the said examination and in the same year he was admitted to the Final Law course in the same College.

(3.) It appears that although he was admitted to the Final Law classes, his results for the Pre-Law and Inter-Law examinations were not declared. The appellant made representations to the Bar Council of India and the Administrator of the Berhampur University, on February 12, 1986. On October 30, 1986, the University replied that since the appellant had secured less than 39.5 per cent marks in his M.A. degree examination, he was not eligible for admission to the Law Course. On November 11, 1986, the appellant made a representation pointing out that he had secured more than 40 per cent marks in the said examination and, therefore, he was entitled to be admitted to the Law course. On November 14, 1986, the Chairman of the Board of Studies also wrote to the Deputy Registrar of the University pointing out that the Board of Studies in its meeting held on October 29, 1986 had recommended that those students who had passed their M.A. examination and had secured more than 40 per cent of the total marks should be considered eligible for admission to the Law course. even though they had secured less than 20 per cent marks in any one of the papers in the said examination.