S.K.Sen, S.Rafat Alam, J. - (1.) Heard Mr. P. S. Baghel, learned counsel for the appellant and Mr. B. N. Pathak, learned counsel for the respondents.
(2.) This special appeal has been preferred by the Allahabad University against the order passed by the learned single Judge whereby the learned single Judge has held that the University Authorities were not at all justified in holding that the petitioner had failed in LL.B. 1st year examination and directed the University to declare the result of the petitioner treating him to have passed in LL.B. 1st year examination.
(3.) It appears that the petitioner-respondent was a regular student of LL.B. course in Allahabad Degree College, which is an affiliated college of Allahabad University. He appeared in LL.B. 1st year examination, 1995 conducted by the Allahabad University and secured 261 marks in aggregate out of 600 marks. In Criminal Law paper, he secured 32 marks out of 100 and in Constitutional Law of India only 32 marks out of 100. However, in view of the provisions of the Ordinance, which provides that a candidate can appear in one subject as back paper to clear the examination, he appeared in Criminal Law again in which he secured 38 marks only out of 100 marks. The petitioner was however, permitted to take admission in LL.B. Part II. He also appeared in the examination of LL.B. IInd year but till then the result of the back paper was not declared. The result of back paper was declared subsequently and mark-sheet was issued on 8.10.1999 showing that he had secured 38 marks out of 100 in Criminal Law. However, in the mark-sheet he was shown to have been promoted. It appears that the petitioner in LL.B. 2nd year examination also failed in papers of Evidence Act and Limitation Act and, therefore, he appeared in back paper under the Ordinance and on that basis, he was permitted to continue with the studies in LL.B. 3rd year. However, when he was not permitted to appear in the examination of LL.B. 3rd year on the ground that he had failed to obtain minimum pass marks in aggregate of 1st year examination, filed Writ Petition 12209 of 2000 and the learned single Judge of this Court by an interim order dated 8.3.2000 directed the University to permit the petitioner to appear in the examination of LL.B. 3rd year examination provisionally, which was scheduled to be held from 10.3.2000. It was further ordered that the result shall not be declared and shall be subject to the decision of the writ petition. In compliance of the aforesaid interim order, he was permitted to appear in LL.B. 3rd year examination. However, since he could not obtain the minimum aggregate marks in LL.B. 1st year, he was not declared pass. The learned single Judge in view of the facts that in LL.B. 1st year mark-sheet he has been shown to have been promoted, directed the University to declare his result treating him to have passed in LL.B. 1st year against which this special appeal has been preferred by the University.;