ABHIJEET PARTAP SINGH CHAUDHARY Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) The petitioner has filed this Civil Writ Petition under Articles 226/227 of the Constitution of India with a prayer for issuance of a writ in the nature of Mandamus to admit him to 5th semester, B.A, LL.B. (Hons.) ( 5 years integrated course) of Panjab University, Chandigarh and further issue him roll number for appearing in 5th semester examination.

(2.) The petitioner is a student of B.A,LL.B (Hons.), ( 5 years integrated course). The first semester started in the year 2005-2006. The aforesaid course comprised of 10 semesters. In one year, a student is required to appear in two semesters, each semester consisting of five papers. In a year, a student is required to clear 6 papers out of 10 papers of two semesters and in two years, a student is required to clear 12 papers out of 20 enabling him to be promoted to the next year/semester. The petitioner has passed his first and second semester successfully and appeared in the third semester which commenced in the year 20062007.

(3.) The examination of third semester was held in the month of December, 2006 . The petitioner cleared only one paper out of five papers of third semester. Meaning thereby, the petitioner had cleared 11 papers out of 15 papers. The petitioner was promoted to the fourth semester. As per rules and regulations, a student has to clear 60% of the total papers. The petitioner appeared in the examination of fourth semester which was held in April, 2007 and in that examination, the petitioner could not clear even a single paper. The petitioner was not satisfied with the result of fourth semester. So, he applied for reevaluation of the papers of the fourth semester on 21.8.2007. As the fifth semester was going to commence so the petitioner along with other similarly situated students submitted representation dated 18.10.2007 before the Vice Chancellor for declaration of reevaluation result. The re-evaluation result of the petitioner was declared on 27.11.2007 which was affixed on the notice board on 3.12.2007. The petitioner was declared pass in paper-1 i.e. Paper of English and paper-3 i.e. Paper of Law of Contract. Meaning thereby that till fourth semester, the petitioner had cleared 13 papers out of 20 papers. As per stipulation for further promotion to the fifth semester, a student has to clear 12 papers out of 20 papers whereas in the case of petitioner, the petitioner had duly cleared 13 papers out of 20 papers.