Madhya Pradesh High Court
Prachi Agrawal vs The State Of Madhya Pradesh on 28 July, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-1- WP-28670-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
WRIT PETITION No. 28670 of 2024
PRACHI AGRAWAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Laxmi Narayan Soni - Learned senior counsel alongwith Shri
Dipesh Joshi - Learned counsel for the petitioner.
Shri Mukesh Kumawat - Learned counsel for the respondent No.2.
Reserved on : 15.07.2025
Delivered on : 28.07.2025.
ORDER
Per: Justice Vivek Rusia The petitioner has filed the present petition seeking direction to the respondent to add the marks of the subjects in which she appeared in first and second semester of B.A. LL.B. course from Basanthali Vidyapith, Banasthali Niwai, District Tonk, Rajasthan in the B.A. LLB final marksheet issued by DAVV.
Facts of the case, in short, are as under:
02. The petitioner is at present a practicing Advocate in the High Court of M.P., Bench at Indore. She took admission in B.A. LLB course in Jamnalal Bajaj School of Legal Studies and Banasthali Vidyapith, Banasthali Niwai, District Tonk, Rajasthan with enrollment No.3246/2017 and roll No.11461. She scored 8.07 SGPA and 7.64 SGPA in first and second semester respectively.
03. After completing first and second semester from the aforesaid Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-2- WP-28670-2024 law colleges, she took admission in Renaissance Law College affiliated to Devi Ahilya Vishwa Vidhyalaya (hereinafter referred as "DAVV"), Indore in 2018. The petitioner completed the remaining 8 semesters from the aforesaid college and the final degree of B.A. LLB (Hons.) 5 years integrated course was awarded to her. All the marksheets from Semester-I to Semester-X have been issued by the DAVV Indore are cumulatively filed alongwith this petition. Before giving admission by way of transfer from Banasthali Vidyapith to DAVV, she was directed to give examination of 9 additional subjects as shown in the eligibility certificate for recognition of passing of Semester-I & II of B.A. LLB from different universities. She appeared in four subjects i.e. English-I, Economic-I, Political Science-I, History-I of B.A. LLB I Semester and Economics, English-II, Constitutional Law-I, History-II and Political Science-II in B.A. LLB Semester-II examination. The B.A. LLB (Hons.) Semester-I marksheet was issued to the petitioner in which she secured 262 out of 400 marks. Thereafter, the B.A. LLB (Hons.) Semester II marksheet was issued on July 19 with 305 out of 500 marks.
04. Thereafter, the petitioner was treated as regular student of Semester-III to Semester-X of B.A. LLB (Hons.) course. The Degree of B.A. LL.B. (Hons.) has been awarded on 30.12.2022 to the petitioner by the DAVV. The grievance of the petitioner is that marks obtained in Law of Torts and Consumer Protection Act, Law of Contract-I and Low of Contract-II have not been added in the marksheets of Semesters I & II of B.A. LLB course issued by the DAVV because of which the aggregate marks of the petitioner have substantially reduced because of which she cannot appear in Civil Judge entrance examination and admission in L.L.M. course.
05. After notice, the respondent DAVV has filed the reply by Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-3- WP-28670-2024 submitting that while issuing the final mark-sheet, the DAVV calculated the marks of the subject in which she appeared in the examinations conducted by DAVV itself. It is further submitted that the petitioner is praying for addition of marks of only limited subjects so that she can get more than 70% and for rest of the subject in which she secured less marks, no such addition of marks is being sought. The representation submitted by the petitioner was duly considered and has been rejected as no merit was found in it. The Examination Committee of the DAVV which is a higher authority has considered the issue raised by the petitioner in true prospect and rejected the same on the ground that the marks awarded by other University cannot be added in the marksheet issued by the DAVV.
06. Later on, the respondent University has filed an additional return relying on the General Rules for admission and Ordinance No.5 of Conduct of Examination which prohibits the addition of the marks of first year or second year of 3 years' course cleared from University or College outside the State of Madhya Pradesh. In view of the above, learned counsel prays from dismissal of the writ petition.
We have heard learned counsel for the parties and perused the entire record.
07. The petitioner has filed the curriculum structure of Bachelor of Arts and Bachelor of Laws of Banasthali Vidyapith. In Semester-I of B.A. LL.B. (Hons.), the petitioner appeared in following subjects:
Course Code Course Name L T P C*
BVF 011/ General English 2 0 0 2
BVF 014
Core Foundation Course-I 2 0 0 2
Five Fold Course-I 0 0 4 2
ECO 105 Micro Economics 4 0 0 4
LAW 103 Law of Contract-I 4 1 0 5
LAW 105 Law of Torts 4 1 0 5
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 29-07-2025
13:29:41
NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-4- WP-28670-2024 POL 107 Political Theory 4 0 0 4 CS 111 Introduction of Computer 4 0 0 4 Applications CS 111L Introduction to Computer 0 0 4 2 Applications Lab Semester Total: 24 2 8 30
08. Thereafter, in Semester-II B.A. LL.B. (Hons.), she appeared in following subjects:
Course Code Course Name L T P C*
BVF 014/ General English 2 0 0 2
BVF 011
Core Foundation Course-II 2 0 0 2
Five Fold Course-II 0 0 4 2
ECO 103 Macro Economics 4 0 0 4
LAW 108 Law of Consumer Protection 4 1 0 5
Act and Motor Vehicle Act
LAW 104 Law of Contract-II (Special 4 1 0 5
Contract)
LAW 106 Legal English 4 1 0 5
POL 106 Political Obligations 4 0 0 4
Semester Total: 24 3 4 29
09. Thereafter, she took admission in Semester-III of B.A. LLB (Hons.) course, she was directed to clear 4 subjects in B.A. LLB Semester-I and 5 subjects in B.A. LLB Semester-II before taking admission in B.A. LLB (Semester-III), the subjects are as under:
S.No. B.A. LLB (I Semester) B.A. LLB (II Semester)
1. English-I Economics-II
2. Economics-I English-II
3. Political Science-I Constitutional Law-I
4. History-I History-II
5. Political Science-II
10. To make her eligible to get her admission in B.A. LL.B. (Hons.) course in remaining semesters, the DAVV has drawn a formula under which the petitioner was directed to appear and clear only 4 subjects in Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-5- WP-28670-2024 Semester-I and 5 subjects in Semester-II. The petitioner cleared all 9 subject and she was given admission in Semester-III. The DAVV issued the marksheets by giving marks in above subjects out of 400 in Semester-I and out of 500 in Semester-II, whereas other students of B.A. LLB Semester-I and II were given the marks out of 600 in both the semesters. As per the final marksheet of B.A.LL.B.(Hons.), the petitioner secured 3693 out of 5300 marks, whereas the other students have received marks out of 5600. Certainly, the petitioner's percentage as well as grade has been reduced which cannot be justified.
11. The equivalence of the marks of Semesters-I & II examination from Banasthali Vidyapith with the Semester-I & II from DAVV has not been properly done by the respondent. There is no proper policy of equivalence and guideline in the University to compare the courses of other University of other States with the courses run by the DAVV, so that there should not be loss of marks or grade of a student in case of migration.
12. In case of transfer or migration of a student from one university of outside State to DAVV, there has to be proper policy for which Association of University should be consulted. Since its inception AIU is actively engaged in the growth and development of Higher Education. The membership of AIU includes all types of universities e.g. Conventional Universities, Open Universities, Deemed to be Universities, State Universities, Central Universities, Private Universities and Institutes of National Importance. In addition to Indian Universities, 13 Universities / Institutes from Bangladesh, Bhutan, Republic of Kazakhstan, Malyasia, Mauritius, Nepal, Thailand, United Arab Emirates and United Kingdom are its Associate Members. The Evaluation Division of AIU is vested with the power of according Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-6- WP-28670-2024 academic equivalence to the degrees obtained from the accredited foreign Boards / universities. The Division provides expert assistance on the status of foreign qualifications to the Students, Universities, Central and State Governments agencies including Ministries of the Government of India, etc. The Division has experts to give assistance which can be utilised to resolve the issues similar to present one in the case of transfer of the students amid the undergoing U.G. or P.G. course between two universities situated in different States. Accordingly, we hereby direct the DAVV to consult AIU and make proper policy in the matter of transfer or migration of students between two universities with the outside States.
13. The DAVV has granted marks to the petitioner out of 400 in Semester-I and out of 500 in Semester-II, where as all the students of her batch got the marks out of 600 in both the semesters which is putting the petitioner in a disadvantageous position. As discussed above, the respondent / DAVV did not make any formula or policy of equivalence to carry forward the marks obtained in Semester-I and Semester-II of B.A. LLB course in Banasthali Vidyapith. The petitioner is also entitled to get marks out of 600 each in Semester-I and II to get marks at par with the batchmates. Before giving admission in Semester-III of B.A. LLB course, the DAVV directed petitioner to appear in 4 subjects to clear year I of B.A. LLB course and 5 subjects to clear Semester-II. In absence of any equivalence policy, to complete the Semester-I of B.A. LLB course, the marks obtained in 2 subjects of Semester-I and 1 subject of Semester-II of Banasthali Vidyapith are liable to be added to get the marks out of 600 in both the Semesters I & II of B.A. LLB (DAVV).
14. The learned counsel appearing for the DAVV has rightly said Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-7- WP-28670-2024 that the subjects selected by the petitioner cannot be considered for addition of the marks in both the Semesters I & II of B.A. LLB (DAVV). Therefore, the marks of those subjects of Semester-I and Semester-II of B.A. LL.B. (Banasthali Vidyapith) are liable to be carry forwarded which are in the syllabus in both the Semesters-I & II of LL.B. (DAVV) to get the marks out of 600.
15. The Program Structure (Before 2019) of Semester-I , II & III of B.A. LLB (Hons.) of the DAVV is as under:
First Semester: Second Semester: Third Semester:
Subjects Subjects Subjects
English -I English-II Political Science-III
Political Science -I Political Science-II Legal Language/Legal
Writing including General
English
History -I History-II Economics - III
Economics -I Economics-II Family Law-I (Hindu Law)
Law of Torts Law of Contract-II Human Rights Law &
including MV Act Practice
& Consumer
Protection
Law of Contract - I Constitutional Law-I Constitutional Law-II
Comprehensive Comprehensive Viva Voce Comprehensive Viva Voce
Viva Voice
16. In order to decide as to marks of which subjects are liable to be taken into consideration as per the subjects of Semester-I & II cleared by the petitioner from Banasthali Vidyapith and the subjects of Semester-I & II of B.A. LLB (Hons.) in DAVV, the marks obtained in subjects i.e. law of Torts and Law of Contracts-I are liable to be added to get marks from total 600 in Semester-I. Semester-I Subjects of Subjects of The subjects Subjects of Semester-I of Semester-I of LL.B. cleared by the which marks LL.B. (DAVV) petitioner in to be added Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-8- WP-28670-2024 (Banasthali DAVV in the Vidyapith) marksheet of Sem-I LL.B. General English English-I English - I Law of Torts Core Foundation Political Science-I Economics - I Law of Course-I Contract - I Five Fold History-I Political Course-I Science - I Micro Economics-I History - I Economics Law of Law of Torts Contract-I including MV Act & Consumer Protection Law of Torts Law of Contact -I Political Theory Comprehensive Viva Voce Introduction of Computer Applications Introduction to Computer Applications Lab
17. Like wise the marks obtained in subject i.e. Law of Contracts-II are liable to be added to get marks from total 600 in Semester-II.
Semester-II Subjects Subjects of The subjects Subjects of Samester-II of Semester-II of LL.B. cleared by the which marks LL.B. (DAVV) petitioner in to be added (Banasthali DAVV in the Vidyapith) marksheet of Sem-II LL.B. General English English-II Economics Law of Contact
-II Core Foundation Political Science-II English -II Course-II Five Fold History-II Constitutional Course-II Law -I Macro Economics-II History -II Economics Law of Law of Contract-II Political Consumer Science -II Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 29-07-2025 13:29:41 NEUTRAL CITATION NO. 2025:MPHC-IND:19534
-9- WP-28670-2024 Protection Act and Motor Vehicle Act Law of Constitutional Law-I Contract-II (Special Contract) Legal English Comprehensive Viva Voce Political Obligations
18. In view of the above, this Writ Petition is allowed. The respondents are directed to issue fresh marksheet of Semester-I & II of B.A. LL.B. (Hons.) course (DAVV) to the petitioner after adding the marks obtained by her in the subjects i.e. Law of Torts & Law of Contract-I in Semester-I and subject i.e. Law of Contract-II in Semester- II of B.A. LL.B. (Hons.) course (Banasthali Vidyapith), within 30 days from today.
No order as to cost.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Divyansh
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 29-07-2025
13:29:41