ISHWARBHAI SANKARBHAI RABARI Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) Rule. Mr.Mitul Shelat, learned Counsel for respondent no.1, and Ms.Kreena Thakkar for Mr.Y.S.Lakhani, learned Counsel for respondent no.2, waive service of Notice of Rule and with the consent of the parties, the matter is taken up for final hearing today.

(2.) The only question which is required to be considered in this petition is whether the stand taken by the University while considering the matter for granting of the marksheet and consequently, the degree, is absurd and perverse.

(3.) The short facts of the case are that the petitioner appeared in IIIrd LL.B. Monsoon Semester (Old Course) Examination in May-1987 and he was declared as fail. The petitioner, thereafter, appeared in December-1991 in the very IIIrd LL.B. Monsoon Semester (Old Course) Examination and cleared all subjects of the IIIrd LL.B. Monsoon Semester (Old Course). The petitioner had to clear two subjects of Winter Semester of IIIrd LL.B. (Old Course) and, therefore, he had filled up the form for appearing in May-1999. However, due to unavoidable circumstances, he remained absent and he was declared absent. Thereafter, the petitioner also made an attempt in May-2001 to appear in Winter Semester of IIIrd LL.B. (Old Course), but he could not pass. The petitioner, in March-2002, applied for appearing in the two subject of Winter Semester of IIIrd LL.B. (Old Course). The application was accepted for such purpose by the College Authorities and the petitioner was also allowed to appear in the examination. It is the case of the petitioner that the petitioner has appeared in the said two subjects of the Winter Semester of IIIrd LL.B. as per the Old Course and the petitioner has also answered such questions pertaining to the Old Course. The University has issued the marksheet for both the aforesaid subjects wherein in the subject of Drafting, etc., the petitioner has scored 60 marks out of 100 and in the subject of English for Lawyers, the petitioner has scored 33 marks, which are passing marks, out of 100. Therefore, in both the subjects, the petitioner has passed. As per the petitioner, so far as the earlier subjects of the Monsoon Semester of IIIrd LL.B (Old Course) are concerned, the petitioner has passed in all three subjects and a copy of the marksheet is produced for such purpose on page-12 at Annexure-A. Therefore, the case of the petitioner is that since the petitioner has passed all subjects of the Monsoon Semester and the Winter Semester of IIIrd LL.B. (Old Course), the petitioner ought to have been declared as passed and the marksheet also ought to have been shown as that of pass. However, the result shown in the marksheet is shown as `failed' and, therefore, this petition.