RANJIT CHANDRA BISWAS Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) GRIEVED by the results of his LL. B. Final (New) Examination declared by the Gauhati University (hereafter referred to as the University) showing him to be unsuccessful therein, the petitioner is before this Court assailing the same and seeking an appropriate writ to declare him to have passed the said examination.

(2.) I have heard Mr. M. A. Sheikh, learned Counsel for the petitioner, Mr. B. Chakraborty, learned Standing Counsel, Gauhati University and Mr. C. K. Sharma Baruah, learned Sr. Counsel appearing for the respondent No. 3.

(3.) THE pleaded versions of the parties need be outlined at the threshold. According to the petitioner, after graduating himself, he took admission in the three years LL. B. course of the University in Dhubri Law College (hereafter referred to as the College) and duly appeared in the Preliminary Examination thereof in the year 2001. He having failed in the first attempt appeared both in the Preliminary as well as Intermediate Examinations in the next year. Though this time he cleared the Preliminary Examination, he could not pass in all the papers of the Intermediate Examination and was awarded back in three subjects. In the year 2003, he appeared in the LL. B. Final Examination with Roll No. . 425 and also in three back papers namely Paper -II, V and VII of the Intermediate Examination. Though he cleared two of the three arrear papers in the Intermediate Examination, he could not pass in the theory papers of the Final Examinations but secured 70 and 71 in the Practical Papers thereof being Paper No. IX and X. He repeated his endeavour to pass both the examinations in the year 2004 and did clear his only back paper in Intermediate but was unsuccessful in two papers in the Final Examination. In the marksheet that was issued, however, he was shown to have secured 48 and 50 in Final Practical Examinations in Paper-IX and X. In the year 2006, he passed in both the two back papers in LL. B. Final Examination i. e. Paper-IV and VII obtaining 42 and 40 marks respectively. According to the petitioner, though he had not appeared in practical papers namely Paper- IX and X in the Final Examination of 2004 held in the month of March 2005, he was purportedly shown to have taken the said examination in the said year and having been awarded 40 and 50 respectively, he was declared to have failed in the Final Examination for not being able to secure the aggregate pass mark of 450. The petitioner has asserted that as he had not appeared in the LL. B. Final Examination of 2004 as above his marks of 70 and 71 therein awarded in his attempt in the year 2003 ought to have been assimilated with his marks in the other subjects to be totalled to 485 and consequentially he should have been declared to have passed the LL. B. Final Examination eventually in the year 2006. The petitioner has also referred to an application filed by him for re-examination/re-evaluation of his answer scripts of the LL. B. Final Examination (New) in the year 2006 and has contended that though necessary fees therefor has been deposited by him, the exercise as was obliged to be undertaken by the University was not resorted to. He categorically denied to have appeared in the Final Practical Papers Paper No. IX and X in the year 2005.