LAWS(P&H)-2018-5-131

NAREN PRATAP SINGH Vs. KURUKSHETRA UNIVERSITY AND ANOTHER

Decided On May 15, 2018
Naren Pratap Singh Appellant
V/S
Kurukshetra University And Another Respondents

JUDGEMENT

(1.) The petitioner passed out his LL.M. 2 years' course from the Kurukshetra University, Kurukshetra [for short 'the University] in the year 2013. He applied to the University for taking improvement examination which has been made applicable from Session 2015-2016. He referred to Clause 16.1 and 16.2 of the University Calendar but he has been informed by the University that since he had completed his LL.M. in the year 2013 and the decision with regard to improvement in the marks of LL.M. has been taken in the year 2015 w.e.f. Session 2015-16, therefore, he would not be eligible. The petitioner has thus approached this Court for seeking a direction to the University to consider his application for permission to appear in the improvement examination of previous and final year of LL.M.

(2.) After notice, the University has filed its reply in which it is averred that the Vice Chancellor of the University constituted a committee to consider the request of the students to award grace marks to the LL.M. students and to make provisions for improvement in the LL.M. course. The meeting of the said committee was held on 29.10.2014 and favourable recommendations were placed before the Academic Council of the University which were considered and approved in the meeting held on 15.4.2015. The decision taken by the Academic Council was then placed before the Executive Council of the University. In its meeting held on 14.9.2015, the Executive Council of the University approved the recommendations of the Academic Council and permitted improvement of performance which was included in the Rules much less Clause 16.1 and 16.2 in the University Calendar. However, the stand of the University is that the petitioner cannot be permitted to seek improvement in his marks of LL.M. course because he had passed out in the year 2013 whereas the provisions of improvement have been made w.e.f. Session 2015-2016.

(3.) In order to appreciate the respective contentions of learned counsel for the parties, it would be relevant to refer to Clause 16.1 and 16.2 of the University Calendar, which read as under: -