MRINMAY KUMAR SAHU Vs. CALCUTTA UNIVERSITY

JUDGEMENT

(1.) The Judgment of the Court was as follows: This appeal has been filed against the judgment and order dated 29th January, 2009 passed in W.P. 19338(W) of 2005, by which the petitioner challenged the action of the University declaring the petitioner failed in the LL.M. Part II Examination. In the said writ petition, further prayer was made for giving direction upon the respondent. University to declare the petitioner passed in the LL.M Part II Examination.

(2.) The factual aspect of the matter is that the LL.M. course consist of two parts, Part I and Part II and the appellant/petitioner took part in the Part I examination in 2003 and in Part II examination in 2004. In terms of the Regulations framed by the University of Calcutta, the appellant/petitioner had to take examination of four subjects in Part I; viz. (1) Law and Social Transformation in India, (2) New Trends in Indian Constitutional Law, (3) Judicial Process and (4) Legal Education and Research Methodology. In Part II examination also, the appellant/petitioner took part in examination of four subjects; viz. (1) Law of Torts, (2) Criminology, (3) Penology and (4) Principles of Criminal Law.

(3.) The candidates are to take written test for the above subjects and in Part II, the candidates are to take part in Dissertation and Viva-Voce in addition to written test. Thus, in Part II, the appellant/petitioner had to take examination of six subjects in aggregate. In Part I, the appellant/petitioner secured 201 marks out of aggregate of 400 marks. In part II, she has secured 187 marks out of 400 marks in written test and in the examination of Dissertation and Viva-Voce, she has secured 112 marks out of 200.