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2004 DIGILAW 1422 (RAJ)

Dinesh Singh v. University of Rajasthan

2004-09-29

K.S.RATHORE

body2004
JUDGMENT 1. - With the consent of learned counsel for the parties, the matter is heard finally at this stage. 2. Brief facts of the case are that the petitioner obtained a degree of Graduation from University of Rajasthan in the year 2003 and secured 809 marks out of 1800 marks. The percentage of marks comes out to be 44.95. Since the minimum requisite percentage is 45% and the petitioner only secured 44.95, the University of Rajasthan not permitted the petitioner in the examination. Hence, this writ petition has been filed by the petitioner. 3. This Court vide order dated 3.6.2004 directed the University of Rajasthan to allow the petitioner to appear in the examination of LLB 1st year provisionally, but shall not declare the result without prior permission of this Court. Under the direction of this Court, the petitioner appeared in the examination of LLB 1st year 4. Learned counsel for the petitioner placed reliance on the judgment rendered in case of Miss Parul Agarwal & Ors. v. University of Rajasthan & Ors 2002 (5) WLC (Raj) 824 . wherein the petitioner secured 49.93% marks whereas eligibility to get the admission is 50%. This Court has held that 49.93% should be treated as round of 50%. 5. Learned counsel for the petitioner further placed reliance on the judgment dated 6.9.2004 rendered by this Court in case of Mahesh Kumar Sharma v. University of Rajasthan & Ors SBCWP No. 3772/2004 . wherein the petitioner secured 44.88% marks less than 1 mark of 45%. After giving relaxation of one mark to the petitioner and considering it 45%, the petitioner was allowed to pursue his study. 6. Learned counsel for the respondents agreed to the ratio decided by this Court in the aforesaid cases. 7. Here in the instant case, the petitioner has secured 44.95% marks and treating it round of 45% the petitioner is eligible to pursue his study in LLB course. Consequently, the writ petition stands allowed. The University is directed to declare the result of the petitioner. In case, the petitioner is declared successful in LLB 1st year, he may be permitted to pursue his study in LLB course.Writ Petition Allowed. *******