MAKWANA VARSHABEN NATVARLAL Vs. NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioner has by of this petition prayed to declare the amendment in Ordinance 117 at annexure-C and further direct the respondent University to give equal treatment to the petitioner and other persons belonging to SC/ST community by giving the benefit of four marks as grace so as to reach and attain 55% marks.

(2.) The short facts of the case as they emerge from the record of the petition are that the petitioner belongs to S.C. community. It is the case of the petitioner that since he was declared passed in the said LL.M. examination, the respondent University had issued combined marksheet on 27th June, 2002, for LL.M. Part I & II showing to have secured IInd class. The petitioner further submitted that being dissatisfied with the result, she on 2nd July, 2002 applied for reassessment in the subjects of General Principles of Law of Contract and Specific Torts in the prescribed form. The petitioner further submitted that after about a period of 9 months, she was issued new marksheet by adding two marks in the total marks.

(3.) Mr. Soni learned advocate for the petitioner contended that in view of the amendment in Ordinance, if grace marks is given to the general category to attain 55% marks, the same treatment should also be given to the persons belonging to S.C./S.T. category. He further contended that due to short fall of 2 marks, the petitioner was not able to apply for appointment to the post of teacher.