LAWS(GJH)-1995-8-24

PARITOSH MEGHRAJ CALLA Vs. GUJARAT UNIVERSITY

Decided On August 29, 1995
PARITOSH MAGHRAJ CALLA Appellant
V/S
GUJARAT UNIVERSITY Respondents

JUDGEMENT

(1.) The petitioner, a student of First Year B.Com. in the 2nd respondent H. L. College of Commerce, affiliated to the 1st respondent Gujarat University, was not admitted to the First Year B.Com. University examination and his application form was withdrawn by the college as he did not pass the internal evaluation in five out of seven subjects. For internal (College) evaluation, the maximum marks are 30 in each subject and 70 marks are for the external (University) examination. The standard of passing is 36% of marks obtainable. The petitioner obtained the following marks in each of the seven subjects out of 30 : Subjects Marks obtained out of 30

(2.) This refusal to admit to the University examination is based on Regulation F. B.Com. I, 2(i) which provides that no candidate who has not passed in atleast half the number of heads for internal evaluation shall be admitted to the University examination concerned. The petitioner has challenged the validity of this Regulation.

(3.) Pending the petition, by an interim order, the petitioner was directed to be allowed to appear in the examination and he has appeared in the examination. Though the result is not declared it is assumed that he has obtained the passing marks in the external examination.