VIJAY DEVJI AIYA Vs. UNIVERSITY OF BOMBAY

JUDGEMENT

(1.) The petitioner appeared for the L.L.B. degree (3rd L.L.B.) examination held by the University of Bombay, the 1st respondent, in April 1982. On 29th July, 1982 the results of the examination were declared. The petitioner was shown to have failed in the examination. A few days later received his marks-sheet which showed that he had obtained 48 out of 100 in the Trade Marks and Patents and 31 out of 100 in the Drafting, Pleading and conveyancing Papers. It showed also that he had received 276 out of 600 marked as his grand-total and had, therefore failed.

(2.) On 8th August, 1982, the petitioner applied to the University of revaluation of the said two papers. It was only by its later dated 7th December, 1982 that the University informed the petitioner that, upon revaluation of his marks in the said two papers, he was found to get 59 out of 100 marks in the Trade Marks and Patents paper and 44 out of 100 marks in the Drafting, Pleading and Conveyancing paper. Accordingly, the petitioner was found to have been successful in the L.L.B. degree examination. This letter was received by the petitioner on 11th December, 1982. He immediately made an application to the University for the corrected mark-sheet. He received it on 23rd December, 1982 and, on the same day, he approached the Department of Law of the University for admission to the 1st year of the L.L.M. course. He was sent to the Registrar and told to apply in writing. He made this application on 23rd December, 1982 itself. The X-mas vacation intervened and nothing was done upon his application. On 12th and 15th January, 1983 the petitioner sent reminders to the University authorities. By its letter dated 19th January, 1983 the University informed the petitioner that :

(3.) On 29th January, 1983 the petitioner filed this petition seeking that the University be directed by a writ to admit him to the L.L.M. course 1st year for 1982-83 and to permit him to appear at its examination to be held in or around May 1983. On 10th February, 1983 rule was issued and in the interregnum the petitioner was permitted to keep terms for the course. It was then pointed out by Counsel that the Executive Council of the University was to meet and could consider the petitioners case. Accordingly, the Court clarified that the admission of the petitioner did not debar the Executive Council from considering the petitioners application and recommended, in the circumstances of the case, that the application be sympathetically considered. By a letter dated 21st March, 1983 the petitioner was informed by the Universitys Registrar that his case had been considered by the Executive Council at its meeting held on 12th March, 1983. He was directed by the Executive Council to inform the petitioner that