MOHAMMAD IRFAN Vs. MAHARSHI DAYANAND SARASWATI UNIVERSITY

JUDGEMENT

(1.) The case was fixed for consideration of stay application but with the consent of the parties, it was finally heard.

(2.) The question involved in the case is as to whether the petitioner was entitled to appear at the LL.B. First year examination. The petitioner for the first time appeared in 1997-98 as examination of LL.B. First Year as a regular student. In September, 1998, the result of the examination was declared and the petitioner was declared failed in that examination. In April, 1999, the petitioner appeared as an ex-student in the LL.B. First Year examination. In August, 1999, the result of the examination was declared and the petitioner was declared to have failed because he could not secure 48% marks in aggregate in all the subjects though he had secured minimum 36% marks in each subject. He appeared in November, 1999 examination but failed. The petitioner wanted to appear in the examination for the year 2000, LL.B. First Year examination but the University held him to be disqualified for taking the examination. He, therefore, filed this petition.

(3.) Meanwhile, while appearing at the supplementary examination for the year 1999, the petitioner sought admission as a regular student for LL.B. Second Year and deposited fee for the LL.B. Second Year. On the declaration of the result of the supplementary examination, the petitioner having failed therein, the respondent told him that he will not be allowed to prosecute the studies for LL.B. Second Year and also not be allowed to take the examination of the Second Year. The petitioner thereupon filed this petition. On 27-4-2000, this Court allowed him to take the examination of the LL.B. Second Year subject to the result of this petition.