JAGAT NARAIN GUPTA Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) Jagat Narain Gupta in this petition filed under Arts.226 and 227 of the Constitution has prayed for issuing a writ of mandamus directing the respondents Punjab University and its Vice-Chancellor to include three marks of re-evaluation in Fifth Semester in total of the result and declare the petitioner as topper in the University in LL.B. (Final) Examination, 1988 and for issuing any other appropriate writ, direction or order as may be deemed fit and proper in the circumstances of the case.

(2.) Jagat Narain Gupta petitioner and Jasdeep Singh and Rajneesh Kumar Gupta, respondents Nos. 3 and 4, took admission in the Department of Laws in first year in 1985. The L.L.B. course for professionals is for three years, consisting of six semesters. For admission to the fifth semester i.e. Third Year of LL.B. Course (Professional), a candidate was required to have B.L. Degree as a regular student. The petitioner Jagat Narain Gupta as well as the respondent Jasdeep Singh possessed such degrees and were admitted. Rajneesh Kumar Gupta, respondent No. 4, had appeared in the examination but his result was later on. He also was admitted in the Fifth Semester. The examination of the Fifth Semester was held in Dec., 1987. Jagat Narain Gupta petitioner and Rajneesh Kumar Gupta respondent passed the Fifth Semester Examination. The petitioner and Jasdeep Singh respondents were not satisfied with the result of the Fifth Semester and they applied for re-evaluation of some of the papers. The petitioner applied for re-evaluation of Customary Law paper whereas Jasdeep Singh respondent applied for re-evaluation in various papers. After re-evaluation, the petitioner was awarded 58 marks instead of 55 marks in Customary Law paper whereas Jasdeep Singh respondent No. 3 got an increase of five marks in the result. The increase of three marks in the case of the petitioner was not added in the result whereas the increase of five marks obtained by Jasdeep Singh was added in his total. The petitioner's aggregate of Fifth Semester Examination remained as 337 marks whereas Jasdeep Singh respondent's aggregate was increased from 343 marks to 348 marks. Thereafter examination of Sixth Semester also took place, result of which was declared. The total number of marks obtained by the petitioner in Fifth and Sixth Semester Examinations were clubbed as per rules and he passed the examination by securing 337 + 359 = 696 marks. Jasdeep Singh respondent No. 3 also passed the Sixth Semester Examination getting 343 + 5 + 349 = 697 marks. Rajneesh Kumar Gupta also passed the examination by getting 330 + 367 = 697 marks. The case of the petitioner is that by adding 3 marks of re-evaluation to the total marks obtained in Fifth and Sixth Semester Examinations, he would have got 699 marks and would have been a topper i.e. he would have secured position in the University Merit List. The act of the University in not giving him credit of three marks was in violation of Rules 9.2 and 10 contained in Punjab University Calendar, 1985 (Vol. III).

(3.) The stand taken up by the University in the written statement is that as per interpretation of R.9.2 referred to above, the result of the petitioner was not required to be amended as he secured less than 5 per cent marks increase. There was no position in the University Merit List for passing Fifth Semester Examination. Such a list is only prepared in Sixth Semester Examination: Since on re-evaluation marks were to be increased in the Fifth Semester Examination, credit of the same could not be given in the Sixth Semester Examination.