KRISHNARAM MARKANDE Vs. PT. RAVISHANKAR SHUKLA UNIVERSITY

JUDGEMENT

(1.) THE petitioners have challenged, by this petition the withholding of the mark list of the petioners in relation to the first year LL.B. Examination, conducted by the respondent No.1 Pt. Ravishankar Shukla University, for the academic session 1996 -97, in which the petitioners had appeared as students of the respondent No.2 Seth Ratanchand Surana Law College, Durg. In W.P. No. 4738/1997, the petitioners have challenged the action of the respondent University in not permitting them to take the LL.B. 1st Year Examination, as students of the said College. These petitioners were, however, permitted to take the examination in accordance with the interim order passed by this Court. In W.P. No. 169/98, a similar challenge is made to the action of the respondent No.1 University in not allowing the petitioners at the LL.B. 1st Year Examination. All these students were permitted to prosecute their studies and to take their examination under the interim order dated 14.1.1998 passed in this petition. Since all the three petitions relate to a common controversy about the minimum percentage of marks at the graduation level for admission to the LL.B. Courses conducted by the colleges affiliated to the said University as also the University, the petitions were heard analogously and common arguments were advanced. Accordingly, this order shall also govern the disposal of the said W.P. Nos. 4738/97 and 169/98. However, for convenient disposal of the case, the facts mentioned in W.P. No. 4699/97 are being referred to.

(2.) THE admission to the courses conducted by the respondent University and the colleges affiliated to it is regulated by the Ordinance framed under Section 38 of the "Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973. According to the petitioners, the Ordinance No. 26 of the University made u/S. 38 of the Adhiniyam, had provided for a minimum of 40% marks at the graduation level for admission to the LL.B. First Year course in the University and in the colleges affiliated to it. Accordingly, the petitioners who had 40% or more marks at the graduation level had sought admission in the First Year LL.B. Courses conducted by the respondent/Seth Ratanchand Surana Law College, Durg and were duly granted admission and were prosecuting their studies. However, on executive instructions being issued by the Commissioner of the Higher Education Department to the effect that for admission to the First Year LL.B., the candidates must have a minimum of 50% marks at the graduation level, the respondents did not permit the petitioners to pursue the said course and to appear at the Examination of LL.B. 1st Year on the ground that the petitioners did not have the minimum 50% marks as required for admission. The learned counsel for the petitioners have, therefore contended that the executive instructions issued by the Government cannot prevail over the Ordinance made under the statutory provisions of the Vishwavidyala Adhiniyam and the action of the respondents in preventing the students from prosecuting their studies in LL.B. - 1st Year in the respondent College and in prohibiting them from taking the ensuing examination was, therefore, illegal and arbitrary. Learned counsel for the petitioners have also referred to a decision of a Division Bench of this Court in W.P. No. 5061/1996 Basant Kumar and another v. Rani Durgawati Vishwavidyala and others dated 7.5.97 filed as Annexure P/2 in support of their contention that unless a provision is made in the ordinance of the University concerned, laying down the criteria of minimum 50% marks at the graduation level, the respondents could not have cancelled the admission or reject their candidature for examination of LL.B. Part -I.

(3.) THE short question which falls for consideration, therefore, is as to whether the respondents can insist upon a minimum of 50% marks in the aggregate at the Degree level Examination for admission to the L.LB. Part -I in the University and the affiliated colleges of the University. Learned counsel for the respondents has pointed out that Annexure R/2 clearly contains the criteria of 50% marks at the Bachelor's Degree Level for admission to the LL.B. Part -I Examination conducted by the University and this criteria was made known to all the candidates even before the admissions were finalised by the respondents. According to the learned counsel for respondent No.1, the condition being clear in the Ordinance No.26, there was no substance in the contention of the petitioners that it was on the basis of the executive instructions that the said condition was being applied and enforced. Learned counsel for the petitioners have, however, pointed out that unless it is shown that the Ordinance has been made in accordance with Section 38 of the Vishwavidyalaya Adhiniyam, it cannot be said that the condition of minimum 50% marks in the Ordinance has come into existence and, therefore, only the Ordinance, as it stood prior to the amendment said to have been made by the Vice -Chancellor acting as the Executive Council in pursuance of the Notification u/S. 52 of the Adhiniyam, continued to apply. The Ordinance, prior to the said Amendment, laid down only 40% marks as minimum marks at the Bachelor's Degree Level and, therefore, each of the petitioners was entitled to admission to LL.B Part -I and to appear at the examination after the completion of the course, contends the learned counsel for the petitioners.