Rajasthan High Court - Jaipur
Sonu Kumar Sharma vs University Of Raj And Anr on 25 May, 2016
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No.6336/2016 Sonu Kumar Sharma vs. University of Rajasthan & Anr. Date of Order-::-25th May, 2016 HON'BLE MR. JUSTICE ALOK SHARMA Mr. Devendra Kumar Bhardwaj, for petitioner.
Mr. Ashish Kumar Singh, for respondent-University.
The petitioner needs direction against the respondent-University to allow him to appear in the LL.B. 1st year Examination-2016 which was scheduled to be commenced on 17.05.2016.
Heard counsel for the petitioner Mr. Devendra Kumar Bhardwaj, the counsel for the respondent-University Mr. Ashish Kumar Singh and also perused the writ petition.
The issue which needs consideration is whether the petitioner with 44.72% marks in Bachelor of Arts was entitled to be admitted into the LL.B. three years course in the University of Rajasthan. Ordinance 252 of the University of Rajasthan postulates a minimum of 45% marks in the qualifying examination for admission into the three years LL.B. course. The petitioner was admitted in the Rajdhani Law College affiliated to University of Rajasthan with 44.72 % marks in B.A. and despite having read in the aforesaid class for whole academic year, his examination form appears to have been rejected by the University inasmuch as the requisite permission letter to write the examination was not issued to the petitioner while it was issued to all other students studying with the petitioner in LL.B. 1st year at the Rajdhani Law College.
Counsel for the petitioner has relied upon the judgment of this Court passed in S.B.C.W.P. No.14540/2015 (Vishnu Kumar Sharma vs. University of Rajasthan & Anr.), decided on 09.10.2015, wherein this Court had held that the petitioner therein with 44.61% marks in the qualifying examination was entitled to rounding off his marks to 45% rendering him eligible to admission in the three years LL.B. Course in the University of Rajasthan.
In the instant case, the petitioner as recorded above, has obtained 44.72 marks in the qualifying examination, which is not in dispute. Consequently, the petitioner would also be entitled as in the case of Vishnu Kumar Sharma (supra) to rounding off his marks to 45% thereby rendering him eligible to be admitted to the three years LL.B. Course of the respondent-University. As such having read in LL.B. 1st year he would be entitled to write the examination of Part-I at the end of the academic yearIn the event there is no other disqualifying event such as lack of requisite attendance.
Mr. Ashish Kumar Singh appearing for the respondent-University is not in a position to contest that this Court in the case of Vishnu Kumar Sharma (supra) has indeed allowed rounding off marks in the qualifying examination for the purposes of eligibility for admission in the three years LL.B. course in the University of Rajasthan.
Consequently, this petition is allowed. It is directed that in the event the petitioner does not suffer any other disqualifying event such as short attendance and has having studied one academic year in Part-I of the three years LL.B. Course in the college affiliated to the University of Rajasthan, he be allowed to write the examination, commencing 17.05.2016.
(ALOK SHARMA), J.
R.Vaishnav Satyam