SAKSHAM MALHOTRA Vs. PANJAB UNIVERSITY AND ORS.

JUDGEMENT

(1.) THE petitioner is the student of B.A.LL.B. (Hons.) 5 years Integrated Course of the University Institute of Legal Studies (here -in -after referred to as the "UILS"), Punjab University, Chandigarh since July -August, 2013. The B.A.LL.B. (Hons) 5 years Integrated Course is designed on semester system in which there are two semesters in each year. A student in the 1st year has to study 12 subjects i.e. 6 subjects in each semester to become eligible for promotion to 2nd year i.e. 3rd/4th semesters, and is required to clear at least 50% of the 12 papers of the 1st year. Meaning thereby, if a student clears 2 papers of 1st semester and 4 papers of the 2nd semester, then he would be entitled to be promoted to the 2nd year i.e. 3rd/4th semesters.

(2.) THE petitioner got admission in the UILS in July, 2013 in terms of the Rules contained in the Hand Book of Information -2013. The result of the petitioner of the 1st semester was declared in November, 2013 in which he got reappear in five papers (Theory P1a, P2a, P4, P5 & P6) out of the total six papers. He applied for re -evaluation of his papers and its result was declared on 24.07.2014 in which he still had reappear in four theory papers [P1a, P4, P5 & P6]. He appeared in the 2nd semester in April, 2014 and got reappear in five theory papers (P2a, P3, P5, P6 & P1a or P4) out of total six papers. He applied for re -evaluation of the papers of the 2nd semester and according to the respondent, he still got reappear in five theory papers (P2a, P3, P5, P6 & P1a or P4) out of total six papers. According to the petitioner, he got the following marks as per the re -evaluated result of the 2nd semester: - -

(3.) COUNSEL for the petitioner has submitted that since the petitioner has cleared two papers in the first semester and if he is awarded 6 grace marks, being 1% of the total aggregate marks, as per Regulation No. 28.1(a) of the Panjab University Calendar -Vol.II, 2007, he would clear History -II [P2a] and English [P3] because he requires one mark each in these papers to score 45% qualifying marks. In this manner, he would clear 50% papers (6 papers) in the 1st year i.e. 2 papers in the 1st semester and 4 papers in the 2nd semester. It is further submitted that earlier the Regulation for admission and promotion to B.A.LL.B. (Hons.) 5 years Integrated Course mentioned in the Hand Book of Information -2013 was requiring a student to secure 45% marks in theory and internal assessment separately but the said Rule has been amended by the Syndicate on 18.05.2014 and as per the amended Rule, 45% marks are required to be secured in the theory and internal assessment jointly.