AMJAD KHAN Vs. RANI DURGAVATI VISHWAVIDYALAYA & ANOTHER

JUDGEMENT

(1.) The petitioner, who is pursuing a three years' L.L.B. course in the respondent No.2 College affiliated to the respondent No.1 University, has filed this petition being aggrieved by the fact that the result of his final semester examination has been withheld for want of previous years marks. The petitioner in this petition has also alleged that he has passed all the six semesters examination including the final semester examination, but his result has not been declared by the respondent authorities and has been withheld on the ground that the petitioner has obtained 43.5% marks in aggregate in the third semester, which is contrary to the provisions of Ordinance 111 of 2008-09 of the respondent University.

(2.) It is submitted that according to Clause-XIX, paragraph 4 of Ordinance 111, the aggregate has to be adjudged on yearly basis and in case, the petitioner's aggregate is adjudged on yearly basis, he would get 55.5% marks in the second year and would therefore, be entitled for declaration of result. It is stated that the respondents instead of determining the aggregate marks on yearly basis, have done so semester-wise contrary to the Ordinance 111 and in such circumstances, may be directed to reassess the aggregate marks of the petitioner and declare him passed.

(3.) It is further submitted that this Court in the case of Ankit Shrivastava Vs. Rani Durgavati Vishwavidyalaya & Another [W.P. No.66/2013 decided on 15.01.2013] and Ku. Urmila Maravi Vs. State of M.P. & Others [W.P. No.19232/2011 decided on 10.01.2014] has already held that in view of ClauseXIX Paragraph-4 of the Ordinance 111, aggregate has to be adjudged on yearly basis and not on semester basis and in such circumstances, the act of the respondents is contrary to law and deserves to be quashed.