VINAY PUROHIT Vs. JAI NARAIN UNIVERSITY

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner.

(2.) THE petitioner was an unsuccessful examine at the examinations of Post Graduate Diploma in Economics of Foreign Trade and Exchange Examination, 1996. The petitioner was declared failed in two papers III and IV, in the first instance. On revaluation of papers, petitioner was declared passed in Paper III. However, he still could not secure pass marks of 40% in Paper IV titled 'Foreign Exchange in India.' However, as per modified result the petitioner failed in only one subject, he was given the benefit of appearing in the supplementary examination to 1996 main examination only in one paper. Since the supplementary examination to the main examination, 1996 were already over by that time, the petitioner was allowed to take the said supplementary examination, 1996 in the IV Paper as a consequence of his result alongwith the main examinations in the year 1997, which opportunity the petitioner availed. However, the petitioner again failed to secure minimum pass marks of 40% as required by the syllabi under which he was prosecuting his curriculum for Post Graduate Diploma in Economics of Foreign Trade and Foreign Exchange for taking Examination, 1996. As the petitioner has not secured minimum pass marks in the supplementary paper, he was again declared 'fail'.

(3.) THE contention of the petitioner is that the petitioner who had taken the supplementary examination in 1997 alongwith main examinations, has been discriminated in the matter of treating him fail notwithstanding that he had secured more than minimum requisite pass marks for 1997 main examinations. It was pointed out by the learned Counsel for the petitioner that after the petitioner has taken the main examination of 1996 for the ensuing year 1997 the scheme of the examination has been changed according to which the minimum pass marks in each subject individually is reduced from 40% to 25% marks and the examinees were required to secure in aggregate 48% marks. Since the petitioner has secured more than 25% marks in the Paper IV of Foreign Exchange in India set for the main examination of 1997, he should have been declared pass In asmuch as on retaining those marks in 1997 alongwith his marks in the 1996 examinations the aggregate marks are more than 48%.