Madhya Pradesh High Court
Ku. Urmila Maravi vs The State Of Madhya Pradesh Judgement ... on 10 January, 2014
Ku. Urmila Maravi Vs. State of M.P. & Ors.
Writ Petition No. 19232 / 2011
10.1.2014:
Shri Surendra Verma, learned counsel for the petitioner.
Shri P.K. Kaurav, learned Dy. Advocate General and
Shri Aditya, learned counsel for respondents.
Petitioner was granted admission in LLB course (three years semester Course) for the academic session 2008-2009. The petitioner was prevented from appearing in the 5th Semester Examination which was held in the year 2010-2011 on the ground that petitioner is short of aggregate in the third semester examination. The result of the 4th semester examination was also not declared, on such consideration petitioner have cleared the first year i.e. 1st semester and 2nd semester. The controversy involved in the matter is with regard to counting of the aggregate. The question is as to whether the aggregate has to be counted based on marks received in each semester separately or marks received in particular year. The question was considered by a Division Bench of this Court in W.P. No.66/2013 (Ankit Shrivastava Vs. Rani Durgavati Vishwavidyalaya) in the said case the matter was considered and decided in the following manner :
"The grievance of the petitioner is that the petitioner is not being permitted to appear in the 4th Semester of L.L.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 2 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 L.L.B. (Hon.) Degree will be assigned at the end of the VI 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 obtain 75% or more marks in the aggregate shall be declared to have passed L.L.B. (Hon.) Degree course in First Division with 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."
Shri Surendra Verma, learned counsel for the petitioner submits that in the light of the aforesaid order passed by the 3 Division Bench on 5.1.2013 in W.P. No.66/2013 the present petitioner is also covered.
However, learned counsel for the respondents invited my attention to Annexure R-2-1 the revised Ordinance and argued that in the light of revision of the ordinance vide Annexure R-2-1, no relief can be granted now.
Shri Surendra Verma, refuted the aforesaid and points out that amendment to the ordinance vide Annexure R-2-1 is made effective from the academic year 2011-2012 and, therefore, students who had appeared in the year 2008-2009 cannot be covered by this amendment. It is stated that the amendment will be effective for students who have been admitted from year 2011-2012 onwards and not to the previous years.
Shri Surendra Verma, learned counsel points out that in W.P. No.66/2017 also similar question was involved, as candidate in this case also admitted in the year 2008-2009 and in their case the Ordinance 111 was applied.
We find much force on objection raised by Shri Surendra Verma, learned counsel. The so called amendment now brought into force in the academic session 2011-2012 vide Annexure R-2-1 cannot be applied in the case of present petitioner, as petitioner was admitted based on system which was prevailing in the 2008-2009 and, therefore, in her case the unamended ordinance will continue to the effect till she completes the 4 course and the amended ordinance will only be applicable to the students admitted from the year 2011-2012 onwards.
Keeping in view the aforesaid, the order already passed under similar circumstances on 15.1.2013 in W.P. No. 66/2013, we see no reason to take a different view. This petition is allowed, respondents are directed to calculate aggregate marks by taking into account the yearly basis marks and after calculating aggregate on yearly basis the proper result of petitioner be declared within a period of 1 month from the date of receipt of certified copy of this order and petitioner permitted to pursue the course further in accordance with law.
With the aforesaid the petition stands allowed and disposed of.
Certified copy as per rules.
(RAJENDRA MENON) (A.K. SHARMA)
JUDGE JUDGE
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