ORDER : 1. The instant writ petition has been filed under Article 226 and 227 of the Constitution of India claiming following reliefs:- “(a) by an appropriate writ, order or direction, the method adopted by the Respondent University in calculating the petitioner’s CGPA in LLM course taking into account five semesters instead of our semesters in LLM i.e. adding maximum marks/points of one additional semester in the divisor for the calculation of petitioner’s CGPA in LLM course, so as to diminish his CGPA, may kindly be declared illegal, arbitrary, capricious & whimsical in nature, and may kindly be quashed and set aside; (b) by an appropriate writ, order or direction, the Respondent University may kindly be directed to modify/correct the Petitioner’s CGPA to 6.31 in his LLM course, i.e. to substitute CGPA 6.31 for CGPA 4.89 and as a result thereof, consequent corrections may kindly be directed to be made in LLM Third Semester Marksheet correction dated 17.04.2023 (Annexure-4), LLM Fourth Semester Marksheet dated 20.10.2022 (Annexure-5) and LLM Third Semester (Due Papers) Marksheet correction dated 17.04.2023 (Annexure-7); (c) by an appropriate writ, order or direction, the Respondent University may kindly be directed to prepare and issue fresh and final marksheet(s) of the LLM course containing performances/SGPA/points/marks of all the semesters undergone by the petitioner, incorporating the modification/correction of CGPA 6.31; (d) by an appropriate writ, order or direction, any interpretation of rules relating to LLM course under the Respondent University, which diminishes the petitioner’s CGPA in his LLM course in any way (if any), may kindly be declared to be illegal, and may kindly be quashed and set aside; (e) by an appropriate writ, order or direction, the Respondent University may kindly be directed to pay compensation amounting to Rs.2,00,000/- (in words two lacs rupees) to the petitioner for the mental distress undergone by him due to violation of his fundamental rights and/or other legal rights; (f) by an appropriate writ, order or direction, exemplary costs may kindly be imposed upon the Respondent University; (g) Any other appropriate, writ, order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner; and (h) Petitioner may kindly be awarded the costs of this writ petition.” 2. Brief facts of the case are that the petitioner was pursuing LLM Course in the respondent-University and after completing his BA LLB (Five Years’ Integrated Course) from the respondent-University in the year 2019, he took admission in the LLM Course (2 Years’ & 4 Semester Scheme) for the Academic Session 2019-2020. The petitioner appeared and passed his LLM First Semester exam with Semester Grade Point Average (in short ‘SGPA’) 5.90 and the Second Semester with SGPA 6.10. 3. The petitioner took part in Continuous Comprehensive Assessment (CCA) i.e. projects/research papers, term tests and viva for LLM Third Semester. The petitioner, then, filled up the examination form for the Third Semester of LLM, however, he could not appear in the said examination due to his marriage at Bikaner, as function dates were coinciding with the examination dates of LLM Third Semester. 4. In the result declared by the respondent-University, the petitioner was shown as ‘Absent’ in the mark-sheet issued on 09.05.2022 (Annexure-3). The petitioner had submitted the Dissertation for the 7th paper i.e. Non-Doctrinal Research Project (Practical), however, the petitioner could not attend the Viva Voce exam, thus, the petitioner was awarded marks based on the Dissertation. 5. The petitioner was advised to submit the same dissertation afresh and take Viva Voce exam afresh while appearing for the due papers of LLM Third Semester. The petitioner, accordingly submitted the dissertation afresh and also appeared in the due papers of LLM Third Semester and the earlier Mark-Sheet dated 09.05.2022, was corrected and zero marks/points were awarded against the dissertation and SGPA 0.00 for LLM Third Semester (2021) by way of issuing a corrected Mark-sheet dated 17.04.2023 (Annexure-4). 6. As per the guidelines, the petitioner having acquired the requisite marks/points in Continuous Comprehensive Assessment (CCA) i.e. projects/research papers, term tests and viva for LLM Third Semester, he was found eligible for the next semester i.e. Fourth Semester and accordingly, the petitioner was permitted to attend the classes and was declared ‘Pass’ while acquiring SGPA 6.64 in Fourth Semester of LLM. The petitioner after completing the Fourth Semester of LLM, filled up the examination form for the due papers of the LLM Third Semester. 7. The petitioner re-submitted the Dissertation for the Third Semester and also appeared in the Viva Voce exam and the petitioner was declared as ‘Pass’ in the LLM Third Semester and petitioner acquired 6.43 SGPA (Annexure-6). The petitioner after completing the Fourth Semester of LLM, filled up the examination form for the due papers of the LLM Third Semester. 7. The petitioner re-submitted the Dissertation for the Third Semester and also appeared in the Viva Voce exam and the petitioner was declared as ‘Pass’ in the LLM Third Semester and petitioner acquired 6.43 SGPA (Annexure-6). The petitioner thus, completed his LLM Course from the respondent-University, however the respondent-University while calculating the overall Cumulative Grade Point Average (in short ‘CGPA’) of LLM Course, has taken into account Five Semesters instead of Four Semesters for the LLM and applied the Divisor of five instead of four, resulting into lowering of the overall CGPA obtained in the whole course and thus, being aggrieved of the same, the petitioner prefers this writ petition. 8. Learned counsel for the petitioner submits that since the petitioner has not appeared in the LLM Third Semester (2021), therefore, the respondents could not have applied the Divisor of five and the Divisor of four ought to have been applied for obtaining the CGPA. Learned counsel for the petitioner also submits that as per the syllabus prescribed by the respondent-University for LLM examinations, 2019-2021, for the purpose of determining the CGPA, the respondents ought to have considered the overall cumulative performance of the petitioner over all the semesters and since the petitioner remained absent in LLM Third Semester (2021), therefore, the SGPA of Third Semester could not have been considered by the respondent-University. Learned counsel for the petitioner also submits that the respondents have not issued a cumulative mark-sheet in favour of the petitioner while indicating the SGPA acquired by the petitioner in each semester and only a provisional mark-sheet dated 17.04.2023 (Annexure-7) has been issued while indicating the CGPA of the petitioner as 4.89. 9. Per contra, learned counsel for the respondents submits that as per the syllabus (Annexure-8) and the guidelines prescribed for the purpose of Cumulative Grade Point Average (CGPA), the respondents while determining the CGPA, have to measure the overall cumulative performance of the student over all the semesters and thus, the respondents have taken into consideration the LLM Third Semester’s SGPA (2021) as well while determining the CGPA of the petitioner. Learned counsel for the respondents further submits that the petitioner had appeared in the Seventh paper, which is Non-Doctrinal Research Project (Practical) for the LLM Third Semester (2021), for which the petitioner was awarded in total 58 marks out of 100 marks and SGPA for the LLM Third Semester (2021) was awarded as 0.86, as the petitioner remained absent in rest of the 6 papers. Learned counsel for the respondents also submits that the SGPA so awarded to the petitioner in the practical in which the petitioner appeared, ought to have been considered while determining the overall CGPA of the petitioner. 10. In rebuttal, learned counsel for the petitioner submits that though, the petitioner had submitted the Dissertation for the practical examination of the subject-Non Doctrinal Research Project (Practical), however, on account of the marriage of the petitioner, he was unable to appear in the Viva Voce exam and the same was brought to notice of the respondent-University to which, the corrected Mark-Sheet dated 17.04.2023 (Anenxure-4) was issued in favour of the petitioner with a remark ‘Fail’ against the practical subject as well. Thus, learned counsel for the petitioner, submits that the petitioner once has been declared ‘Fail’ in all the subjects on account of his absence, the SGPA of the LLM Third Semester (2021), could not have been taken into consideration by the respondents. 11. I have heard and considered the submissions advanced by learned counsel for the parties and have gone through the material placed on record. 12. As per the guidelines for Choice Based Credit System (CBCS) of the respondent-University (Annexure-4), it has been specifically laid down that Cumulative Grade Point Average (CGPA) shall be determined on the basis of overall cumulative performance of a student over all the semesters and the CGPA is the ratio of total credit points secured by a student in various courses in all the semesters and the sum of total credits of all the courses in all the semesters and admittedly, the petitioner did not appear in the LLM Third Semester (2021) on account of his marriage and thus, remained absent. 13. As far as the CGPA is concerned, the overall cumulative performance of student has to be assessed while determining the CGPA. Since the petitioner has not appeared in the Third Semester examination of LLM Course (2021), therefore, the performance of the petitioner cannot be evaluated. 13. As far as the CGPA is concerned, the overall cumulative performance of student has to be assessed while determining the CGPA. Since the petitioner has not appeared in the Third Semester examination of LLM Course (2021), therefore, the performance of the petitioner cannot be evaluated. It is further seen that the CGPA is the ratio of the total credit points secured by a student in all the semesters and since the petitioner remained absent, therefore, there could not be any credit point secured by the petitioner in LLM Third Semester (2021) and thus, the respondents could not have taken into consideration the Third Semester of LLM (2021) while determining the CGPA of the petitioner. The relevant part of guidelines is reproduced hereunder:- “GUIDELINES FOR CHOICE BASED CREDIT SYSTEM: Definitions of Key Words: xxxx xxxx 7. Cumulative Grade Point Average (CGPA): It is a measure of overall cumulative performance of a student over all semesters. The CGPA is the ratio of total credit points secured by a student in various courses in all semesters and the sum of the total credits of all courses in all the semesters. It is expressed up to two decimal places. xxxx xxxx” 14. It is seen that the petitioner was issued a provisional mark-sheet for the LLM Additional Semester 1 (Law) Examination 2022 (Regular) on 17.04.2023 (Annexure-7) in which, the CGPA of the petitioner is mentioned as 4.89. It is also seen that while issuing the provisional mark-sheet with the correct date as 17.04.2023, the petitioner acquired the SGPA for the Third Semester examination, in which he appeared in 2022, as 6.43 and since the respondents had applied Divisor of five, the CGPA awarded to the petitioner was 4.89, however, if the respondents would have applied the Divisor of four, then, the CGPA of the petitioner would have been 6.31 while not taking into consideration the SGPA of LLM Third Semester Examination (2021). The formula to be adopted by the respondent-University for computation of CGPA as given in guidelines (Annexure-8) is as follows:- “Computation of SGPA and CGPA: i. xxxxx ii. The CGPA is also calculated in the same manner taking into account all the courses undergone by a student over all the semesters of a programme, i.e. CGPA = ? (Ci x Si) / ? The CGPA is also calculated in the same manner taking into account all the courses undergone by a student over all the semesters of a programme, i.e. CGPA = ? (Ci x Si) / ? Ci where Si is the SGPA of the ith semester and Ci is the total number of credits in that semester.” 15. Thus, in view of the submissions made and having regard to the entirety of facts and circumstances as available on record, this Court is of the firm view that the respondents have wrongly applied the Divisor of five while determining the CGPA of the petitioner as SGPA of the LLM Third Semester (2021) could not have been taken into consideration by the respondents, as the petitioner remained absent in all the subjects of LLM Third Semester (2021), therefore, his performance and credit points cannot be evaluated for the purpose of determining the overall cumulative performance i.e. CGPA. 16. Resultantly, the instant writ petition is allowed. The respondents are directed to issue petitioner a fresh mark-sheet while applying the Divisor of four for the calculation of petitioner’s CGPA in LLM Course within a period of ‘15 days’ from today. 17. Stay application as well as all other pending applications, if any, also stand disposed of accordingly. 18. No order as to costs.