KANHAIYALAL Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) JUDGEMENT :- This is a student's civil second appeal who, has been unsuccessful in the two courts below. The short point for consideration is whether when he boycotted the papers of Theory of Economic growth and Economic Planning, the University was justified in taking the average of two paper's marks of theory only and treating the paper of Economic survey as a paper not falling in the category of theory.

(2.) It is not in dispute that the University decided to give benefit to those who have boycotted the papers by permitting them to get marks as average of three theory papers in which they have appeared or, the papers which they have boycotted whichever is higher. The appellant was given benefit of average of two theory papers as economic survey paper was treated as not a paper of theory.

(3.) The appellant's grievance is that firstly the economic survey is theory paper and secondly, this decision could not have been taken by the syndicate and could have been taken by the academic council. Shri Dalip Singh, the learned counsel for the appellant, has relied upon the decision of this Court in Mirza Shokat Beg v. Rajasthan University, AIR 1979 Raj 37 wherein the question was for getting the papers examined by third examiner on a difference of the marks. It was held that the petitioner cannot be blamed for the omission on the part of the University to refer their answer books to the third examiner.