K.C.Agrawal, J. - (1.) Km. Rashmi Tewari, the petitioner appeared in B.Sc. Part 1 Examination of the Allahabad University in the year 1980. She offered Chemistry, Botany and Zoology as her subjects. According to the prospectus of the University each subject had two papers, one was practical and the other theory'. The marks assigned to theory papers of these three subjects was 100 whereas 50 marks had been allocated for practical. In the examination she secured the following marks. JUDGEMENT_97_LAWS(ALL)9_1981.html
(2.) According to the Ordinance of the University minimum pass marks of 36 per cent of the aggregate in each subject had to be secured. In the present case the petitioner got 32 marks in Botany (theory) and 29 marks in (Zoology) (theory). Having thus obtained less than 36 per cent marks in two subject site was declared failed. The petitioner, however, applied for re-examination in accordance with the Ordinances of the University which are known as Ordinances relevant to second examination". The clause relied upon before us was 2. The relevant portion of that clause reads as under:- "A candidate who : (a) has failed, (b) has partly failed to appear or (c) has passed but is dissatisfied with the marks awarded to him her at the Annual Examination in written papers, may appear at the Second Examination in : (1) One or more written papers of any one subject of the B.A. Part I, B.Sc. Part I, B.A. Part II and B.Sc. Part II Examinations, and/or the practical within the subject, provided that a candidate would be permitted to appear in the practical only in case he has failed or failed to appear in the Practical and not for: improvement of marks."
(3.) On the basis of the marks secured in the three subjects stated above, the petitioner claimed that she was entitled to appear at the School Examination, according to "Ordinances relating to Second Examination". She applied to the Registrar for permission to appear in that examination. The Deputy Registrar, Examinations took the view that as the petitioner had failed in two subjects, she was not eligible to appear at the Second Examination. A copy of the said order is annexed as Annexure 3 to this writ petition. Upon the receipt of that letter from the Deputy Registrar, Examination, the petitioner made a representation to the Chairman, Examination Committee claiming that that merely because the petitioner had failed in two subjects, she could not be held to be eligible to appear at the Second Examination. On 22nd May, 1981, the petitioners representation was rejected and the stand taken by the Deputy Registrar, Examinations was reiterated. The petitioner thereafter filed this writ petition in this Court claiming that the stand of the University was illegal and that she was entitled to appear at the Second Examination under the ordinance framed by it, On 23-5-81 the writ petition was admitted and the petitioner was permitted an appear at the Second Examination of the Zoology (two papers) of the B.Sc. Part I which was to be held on May 25, 1981.;