D MARTIN Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) These writ petitions are disposed of by the following common order at the stage of preliminary hearing after notice to respondents and after hearing the Counsel for parties.

(2.) The petitioners are all students of the 3rd respondent H. Homba gowda Memorial Law College, Mandya, (hereinafter referred to as the College). The petitioners applied to the 3rd respondent-College for admission to LLB. Degree Course of the 1st respondent-University of Mysore in the academic year 1980-81. It is alleged by the petitioners that they were required to pay donation. It is not clear from the pleadings in what sum they have paid the donation. It is alleged that they paid the tuition fees and have completed their term days in the I year of the Course and further that they took the examination of the I year LL.B Degree Course, conducted by the 1st respondent-University in April-May, 1981. They were issued marks cards through the 3rd respondent-College in respect of their performance at the I year LL.B. Degree examination. After the declaration of the results and issue of marks cards, it is alleged that the Chancellor of the 1st respondent-University telegraphically informed the 3rd respondent-College that the results declared in respect of the petitioners and some others had been withdrawn and the marks cards issued to the petitioners and a few others, should be returned to the University. The petitioners came to know of this when they came back to the College after summer vacation to join the II Year Course in as much as the Regulations of the University permit the students to continue their studies in the II and III Years even though they may have failed in the I and the II years subject, however, to their passing all the subjects in all the years before they are awarded the degree. The 3rd respondent informed that their admissions had not been approved as they did not posssess the minimum qualifying marks in their degree examination in as much, as none of the petitioners had obtained 40 per cent marks on an average in the aggregate in the subjects offered by them in the degree examination which they had passed. The Regulations which provided for 35 per cent in earlier years came to be modified from the academic year 1980-81 by an amendment to the Regulations of the University concerning the Law Degree Course.

(3.) Aggrieved by the non-approval of their admission and by the withdrawal of the results and the marks cards issued, the petitioners have approached this Court under Art. 226 of the Constitution praying for issue of a writ of mandamus or similar direction or order directing the respondents to publish the results of the petitioners for the J Year LL.B. Degree Examination held in April-May, 1981, and, also a direction to allow them to complete their course in the 3rd respondent college so that they could complete their course leading to LL.B Degree, They also prayed for interim relief by way of permission to attend the II Year Course pending disposal of the writ petitions. At this stage it will be relevant to state that interim relief prayed for was not granted as the mam matter itself was to be disposed of expeditiously by this Court. But, however, due to number of reasons, the matter could not be disposed of as expeditiously as it was originally expected and the petitioners in the circumstances have not been able to put in any attendance in the II Year of the Course.