MUKESH KUMAR TIWARI Vs. RANI DURGAWATI VISHWAVIDYALAYA

JUDGEMENT

(1.) The orders passed in this petition M. P. No. 1226/88 would also govern M. P. Nos. 1281/88 and 1258/88 since the common question involved in all those petitions under Art.226, Constitution of India is; whether these petitioners who have secured less than 40% aggregate marks in their Graduation are/were yet entitled for admission to LL.B. Part I Examination of Rani Durgawati Vishwavidyalaya (for short, called R.D. University).

(2.) M. P. No. 1226 of 88

(3.) M. P. No. 1258 of 88 The petitioner is Alok Kumar Goenka. The three respondents are: Registrar, University, Secretary, Education Department, and Madhya Pradesh Bar Council of India through Secretary. The petitioner is a regular student of LL.B. Part I (Three Years Course) from a private college, Sanjay Gandhi Law College affiliated to the said University. He deposited the requisite fees on 10-7-86 (Ann. A-1). According to the petition, the petitioner (as per para 5) enquired from respondent 1 University, whether there can be any relaxation in admission rules for LL.B. and (as per para 6 of the petition) respondent 1 University, vide Annexure-3, dt. 13-11-86, sent reply that for the admission, terms can be relaxed. (In fact contra this letter addressed to the petitioner by University refers to the petitioner's letter dt. 06-08-86 and states that the last date of the admission was 14-08-86 and no permission could be granted thereafter. It further informs him that there are no rules of the University in respect of relaxation for admission on merit basis); that the petitioner on 19-11-86 sent a reply to University's letter stating that he had already been granted admission on payment of requisite fees on 10th July, 1986 and therefore, the matter for grant of permission to appear in the examination may be reconsidered; that respondent 1 University issued "provisional" admission-card for main Examination 1987 (Ann. A-V); that, accordingly, the petitioner appeared in all papers in the First Year of LL.B. and respondent 1 declared the results (Ann.A-VI) dt. 18-07-86 under which he was declared successful in five papers out of seven; that accordingly, the petitioner applied for Supplementary Examination for clearance in remaining two papers and respondent 1 University vide Ann. A-VII issued admission card; that the petitioner appeared in Supplementary Examination but his result has been withheld; that, meanwhile, respondent 1 University issued the impugned letter Annexure-A-VIII informing the petitioner that his admission to LL.B. Course in Sanjay Gandhi Law College was irregular on the grounds that he had not secured 40% marks at the last qualifying examination i.e. B.Com. Degree and therefore, the Standing Committee of Academic Council in its meeting held on 02-12-87, has resolved that his result vide Ann. A-VI, be cancelled. The petitioner states that right from year 1986, he was kept in dark about admission for appearance in examination, though he has specifically asked for a decision vide Ann. A4 dt. 18-11-86; that he received the Form of Examination, was issued the admission-card, and the result was declared and even he was allowed to appear in Supplementary Examination, but instead of giving the result of Supplementary Examination, those impugned orders (Ann.A-VIII) have been passed by the University; that he hails from a business class family, having other relations who are Law Graduates; that, all along he was making representations that the condition regarding 40% marks be relaxed; that the orders of respondent 1 are belated, mala fide and arbitrary; that respondent 3 Bar Council of India through the University had published an Advertisement (Ann. A-IX) inviting students having passed 10 + 2 system H.S.E. and therefore, this is a case of discrimination in the case of the petitioner. Hence, the prayer is that the impugned orders dt. 06-04-88 (Ann.A-VIII) cancelling petitioner's result; and for direction to declare the result of the Supplementary Examination given by the petitioner by virtue of Annexure-A-VIII; and further to issue a writ to accept the form of Examination of First Year of LL.B. to clear it in case the petitioner has failed in last Supplementary Examination.