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Madhya Pradesh High Court · body

2015 DIGILAW 286 (MP)

Amit Kumar Sahu v. State of M. P.

2015-03-11

RAJENDRA MENON, SANJAY YADAV

body2015
ORDER 1. The petitioners have filed this writ petition and the grievance of the petitioners is that they were undertaken a course of study in LL. B. three years decree course, they were admitted in the academic session 2011-12. In the 4th semester examination they were declared ATKT due to shortage of aggregate. As the petitioners were not permitted to appear in the 4th semester examination on the ground that they have failed to obtain aggregate in the 1st semester examination and by contending that refusal of permission is contrary to the mandate of Ordinance No.111, this writ petition has been filed. 2. The question involved in this writ petition and the interpretation of the provision of the Ordinance in question has already been considered by the co-ordinate Benches of this Court in Writ Petition No.66/2013 (Ankit Shrivastava v. Rani Durgavati Vishwavidayalaya and another) and by order dated 15.1.2013, the matter has been decided. Thereafter, it was again considered in Writ Petition No.19232/2011 and again in Writ Petition No.18570/14 and the principle laid down in the case of Ankit Shrivastava have been followed. In the case of Ankit Shrivastava (supra), the matter has been dealt with in the following manner :- “The grievance of the petitioner is that the petitioner is not being permitted to appear in the 4th Semester of LL.B examination on the ground that he is said to have failed in the aggregate of the 3rd Semester. According to the petitioner, the respondents have calculated the petitioner's aggregate marks as obtained in the 3rd Semester whereas they are bound to calculate the same yearly. Clause XIX of Ordinance 111 framed by the Rani Durgawati Vishwavidyalaya, Jabalpur provides as follows : “(xix) 1. The minimum pass marks in each year examination shall be 48% in aggregate to all the papers and 36% marks in each individual papers. Division to successful candidates for the LL.B (Hon.) Degree will be assigned at the end of the VIth Semester. On the basis of the aggregate of the total marks in all semester the division assigned will be under :- First Division :- 60% or above of the aggregate. Second Division:- 48% or above of the aggregate marks. 2. No third division shall be awarded. 3. Candidates who obtained 75% or more marks in the aggregate shall be declared to have passed LL.B (Hon.) Degree course in First Division will Distinction. 4. Second Division:- 48% or above of the aggregate marks. 2. No third division shall be awarded. 3. Candidates who obtained 75% or more marks in the aggregate shall be declared to have passed LL.B (Hon.) Degree course in First Division will Distinction. 4. Grace marks by the Vice Chancellor shall be awarded as per the prevailing rules.” In view of the aforesaid, we find that the Ordinance require the respondents to take into account the aggregate of each year and not merely aggregate of each semester. It is not disputed that the petitioner cannot be treated as failed if the aggregate marks are counted yearly. Accordingly, the aggregate marks if taken into account on yearly basis are sufficient, the petitioner be permitted to appear in the examination of 4th Semester commencing from 16.1.2013. Accordingly, the writ petition stands disposed of with the aforesaid direction.” 3. Keeping in view the aforesaid and considering the orders passed by this Court as indicated hereinabove, we see no reason to take accordingly, the petitions are allowed and respondents are directed to calculate the aggregate marks for the year in question taking into account the yearly marks obtained and after calculating the same on the aforesaid basis, result of the petitioner for the first semester be declared and in case he is declared pass then permit him to appear in the subsequent semester examination. 4. With the aforesaid, the petitions stand allowed and disposed of.