CONTROLLER OF EXAMINATIONS UTKAL UNIVERSITY UTKAL UNIVERSITY Vs. PAURNAMASI DAS MS :NIHAR RANJAN NAYAK

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals pertain to the pre-degree and final examination conducted by the Utkal University for awarding the B. A. degree. The Utkal University has framed Regulations for the conduct of examinations. Under Regulation 12 of the Rregulations, Classes (i.e. First class Hons., Second class Hons., etc.) are awarded in both pre-degree and final degree examinations separately. Regulation 12 provides that Classes are awarded separately in each examination and both shall be shown in the diploma. In the pre-degree examination. Regulation 12 provides, inter alia, that in order to obtain a 2nd Class Honours, a minimum of 30% marks are required in core subjects other than honours subject. While 45% marks in the aggregate are required in all the honours papers taken together. For obtaining a 1st Class Honours, a minimum of 30% is required in each subject but in the honours subject, 60% marks are required in the aggregate.

(3.) The second part of Regulation 12 deals with the final examination. In the final examination, in order to obtain 2nd Class Honours degree, a minimum of 30% is required in each subject and 45% of marks are required in the aggregate of all the honours papers provided that the candidate has retained honours in the pre-degree examination. In order to obtain a 1st Class Honours degree in the final examination, a minimum of 30% marks are required in each subject and 60% of marks are required for the aggregate of honours papers provided the candidate has retained honours in the pre-degree examination. These Regulations, therefore, clearly provide that in the final examination a candidate will be granted an honours degree, either in the 1st class or the 2nd class as the case may be, provided he has obtained honours in the pre-degree examination. The material portion of Regulation 16 (b) is as follows