NANDINI MIRDHA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a regular student of five years law course, appeared in first semester examination in the month of December, 2008 but on account of registration of a case for using unfair means, her examination for paper third was cancelled. A provisional admission then was given to her in second semester of the course but she was not permitted to face the examinations, thus, the instant petition for writ is preferred claiming the reliefs as follows:

(2.) On 22.4.2009, by an interim order, this-Court permitted the petitioner to appear in second semester examinations provisionally, however, she failed to avail appearance in first paper of the examination as that was conducted on 2.4.2009 itself. An application is now preferred seeking direction to grant admission to the petitioner in third semester, however, I consider it appropriate to hear the matter finally at this stage as pleadings of the case are complete.

(3.) As per the respondents, the five years course for degree of B.A. LL.B. consist of ten semesters and the examination of each paper in each semester consist of term "written examination" at the end of semester and internal awards including weekly tests project work and presentation, case law study, attendance and conduct of the student. A candidate after passing B.A. LL.B. first semester examination or obtaining more than 50% marks in at least four papers on completing a regular course of study in second semester is eligible to appear at B.A. LL.B. second semester examination. It is also stated that as per Ordinance 144 of the Rajasthan University Ordinance a candidate shall be required to put in at least 66% attendance in lectures in each subject and also in tutorials, moot courts and practical training course. The requirement of attending 66% classes is increased to 75% as per the directions given by this Court in a Contempt Petition arising out of a public interest litigation (SB Civil Writ Petition No. 455794 Damodar Prasad Goyal v. Smt. P.L. Kushwalia and Ors. decided on 24.10.1997). The petitioner failed to put in required attendance and also in securing the required percentage of marks awarded upon the weekly tests, seminars and subject lectures. The respondent university in definite terms also denied that the petitioner obtained 50% marks in aggregate of four papers of second semester examination and as such she was not eligible for admission to second semester. Certain details are also given by the respondents relating to her attendance and marks obtained in 14 weekly tests and those are as follows: