UNIVERSITY OF RAJASTHAN Vs. ROSHANLAL SETH

JUDGEMENT

(1.) ROSHANLAL Seth appeared at the M. A. final examination held by the University of Rajasthan in the year 1972 and was declared unsuccessful because he had failed to obtain 36 per cent aggregate marks in the final examination of the Master of Arts degree in the subject of Economics. He came to the Court with a plea that if his marks in the previous and the final M. A. examination coupled with the viva-voce test were totalled he had secured more than 36 per cent marks and he was thus entitled to be declared successful. The learned Single Judge after examining the relevant provisions of the Rajasthan University Regulations and Ordinance upheld the contention of the petitioner and directed the University of Rajasthan to declare Seth to be successful. The University feeling aggrieved by that judgment has come up in appeal.

(2.) MR. Kasliwal appearing for the University urged that on a true construction of Regulation 12, a candidate must obtain 36 per cent aggregate marks independently in the previous and the final examinations. MR. Sagarmal Mehta canvassed the view taken by the learned Single Judge that it is the totality of marks obtained in both the examinations which determined the success or otherwise of a candidate.