GOPAL MISHRA Vs. PT RAVISHANKAR SHUKLA UNIVERSITY

JUDGEMENT

(1.) The main question involved in this writ appeal is, 'Whether Pandit Ravishankar Shukla University, Raipur (the University) is liable to issue mark sheet to the students, who are permitted to appear in the examination for improving division of MCom examination (the subsequent-examination) under Ordinance 24 of the University (the Ordinance), even if the division does not change.' The answer to the question depends upon the meaning of the word 'division' in the main clause 9 of the Ordinance; does it includes 'marks' also or not.

(2.) Shri Gopal Mishra (the Appellant) is physically handicapped person. He took admission in 2006 for MCom course. He passed out MCom previous and final examination in the year 2007 and 2008 with aggregate of 49.54% of marks.

(3.) The Ordinance of the University permits some students (explained in the Ordinance) to improve their MCom division by permitting them to take another chance by appearing in the subsequent-examination.