ADARSH MOHNOT Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) PETITIONER Adarsh Mohnot has filed this writ petition under Art. 226 of the Constitution for a direction against the University of Jodhpur, Jodhpur (for short, the University') to declare that he has passed in LL.B. Final Examination, which was held in 1983.

(2.) THE petitioner appeared at the First Examination in Law in 1981. He was declared eligible for Supplementary Examination in Paper II : Law of Torts (General Principles and Specific Wrongs) vide Anx. 1. He appeared at the Supplementary Examination. A revised marks sheet (Anx 2) was issued and he was shown to have passed by grace. It is clear from Anx.2 that he obtained 283 marks out of 600 marks, though minimum pass marks were 288. THE petitioner appeared in the Second Examination in Law. He was declared to have passed by grace vide Anx.3. He obtained in aggregate 284 marks out of 600, though minimum pass marks were 288. THE petitioner appeared at the LL.B. Final Examination, 1983 and was declared failed. A perusal of the marks sheet Anx.4 relating to LL.B.Final Examination, 1983 shows that the petitioner has passed in all the subjects and secured more than 36% marks in each of the papers. He, however, secured 859 marks in aggregate at the three Examinations whereas minimum pass marks are 864. An in aggregate five marks were short, he was shown "failed".

(3.) I have heard Mr. M. Mridul, learned counsel for the petitioner and Mr. H.M. Parekh. learned counsel for the University.