NIHARIKA SARAF Vs. RANI DURGAWATI UNIVERSITY

JUDGEMENT

(1.) AS a common question of law and facts are involved in both the writ petitions and as interpretation of a provision common to both the cases is involved, both the petitions are being heard and decided by this common order. For the sake of convenience, the records of W.P.No.2017/2013 are being referred to in this order.

(2.) PETITIONERS in both the cases were granted admission to the L.L.M. Semester Course by the Rani Durgawati Vishwa Vidyalaya in the Academic Session 2009 -10. They appeared in the 1st Semester Examination for L.L.M. conducted in July, 2013, thereafter, they appeared in the 3rd Semester Examination, the main examination was conducted on 31.10.2011 and the results were declared. As far as the petitioner in W.P.No.2017/2013 is concerned, she failed in one subject, namely Human Right and Disadvantage Groups. Similarly, petitioner in W.P.No.2320/2013 failed to get the minimum aggregate marks in the same semester examination, that was conducted on 31.10.2011. However, these candidates were declared as failed, and eligible to appear in the supplementary examination for one paper, under the ATKT Scheme. However, they again appeared in the examination i.e. the Supplementary Examination and when the results were declared in June, 2012, petitioner in W.P.No.2017/2013 again failed in the subject in question and petitioner in W.P.No.2320/2013 could not get aggregate marks. Now petitioners in both the cases have approached this Court contending that they be permitted to appear in the examination again for one paper under the ATKT Scheme.

(3.) PLACING reliance on these clauses, learned counsel for the University has submitted that the petitioners in both the cases have availed of both the chances, one the main examination and other the supplementary examination that was held in June, 2012. Now in the light of the Ordinance No.23 -A, no further permission can be granted to the petitioners for appearing in the examination.