SIDDHIVINAYAK REALTIES PVT. LTD. Vs. V. HOTELS LIMITED, TULIP HOTELS PRIVATE LTD., TULIP STAR HOTELS PRIVATE LTD. AND DR. AJIT KERKAR, ADULT INDIAN INHABITANT

JUDGEMENT

(1.) THE petitioner herein is a student of respondent no. 2, college for the stream of Bachelor of Computer Application (B.C.A.). He is also a sportsman and has represented respondent no. 2 in inter -collegiate Table Tennis Tournament. Respondent no. 2 is affiliated to respondent no. 1, Goa University. The petitioner appeared for the first semester of B.C.A. and cleared all the papers except the paper of Computer Organization and Reconstruction. In that subject he failed to secure the grade for passing i.e. grade "D". He has been awarded grade "F" which is for failure. He therefore applied for verification of his mark sheet and learnt that he had secured 34 marks in the subject. The minimum marks required for passing being 40 the petitioner had failed by 6 marks.

(2.) ADMITTEDLY , having represented respondent no. 2 in inter -collegiate tournaments the petitioner is entitled to receive 10 marks called "Entitlement Marks". The dispute raised in the present petition is about the mode or manner of allotment of the "Entitlement Marks" by the respondents. It is the desire of the petitioner that these marks should be added to the subject of Computer Organization and Reconstruction wherein he has failed. On such addition he would be able to clear the subject since the total of the marks for that paper would then go up to 44. This is the basic purpose of the petition. For achieving this purpose constitutional validity of some of the provisions of the ordinances under Goa Universities Act have been challenged and submissions on interpretation thereof have been made. It will be therefore convenient to first note the relevant provisions made in the two ordinances i.e. ordinance OA 5.16 and ordinance OC 47A.

(3.) THE relevant provisions under the two ordinances are reproduced below: