KIPA KAMAN Vs. RAJIV GANDHI UNIVERSITY

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India is preferred by Shri Kipa Kaman, for directing the respondent authorities to award the decree of LL.B. to him, as he has already passed in 36 papers, as per the Ordinance of Rajiv Gandhi University.

(2.) The factual background leading to filing of the present petition is adumbrated here in below:

(3.) The respondent authorities also filed affidavit-in-opposition denying the averments made in the petition. It is stated that on the basis of one representation filed by the LL.B. students, the University authority included the Drafting, Pleadings and Conveyance paper in the syllabus of LL.B. three years Degree course. And as such, the University authority has included this paper in the syllabus of LL.B. three years Degree course. The students, studying in Arunachal Law Academy has accepted the syllabus of three years Decree course and appeared in the examination. However, the petitioner was unsuccessful and failed in the paper No. XXXV (Taxation Law) and submitted a representation to the Vice Chancellor for consideration of revaluation of his answer booklet of the said paper. However, the same was denied to him, as in the semester system of examination, revaluation is discontinued, as per the Academic Council Resolution dtd. 17/6/2010. The authority has also given ample opportunity to the petitioner, but he was unsuccessful in the paper No. XXXV (Taxation Law). It is also stated that the candidates, who have appeared in the examination and have failed in the backlog paper in the examination, he has no locus-standi to file a writ petition, and his fundamental right has not been violated. And he has not challenged the resolution of the Academic Council Meeting held on 19/4/2011, by which the Paper of Drafting, Pleading and Conveyance has been included in the three year Degree course syllabus vide notification No. dated AC/676/BUGS/Law/07, dtd. 25/5/2011. It is also stated that the petitioner having accepted the prospectus and the syllabus and took admission in the LL.B. three years Degree course and participated in all the examination of 37 papers and having been failed they cannot turn around and file this writ petition for rejecting the prayer for revaluation, after failing in compulsory paper No. XXXV (Taxation Law).