RAMESH KUMAR JAIN Vs. JIWAJI UNIVERSITY

JUDGEMENT

(1.) THIS petition has been filed by the petitioner alleging that in the year' 1968-69 he joined first year LL. B. course in the M. L. B. College and appeared at the first year examination conducted to the non-petitioner University in month of April-May, 1969. That in the year 1969-70 a system of examination was introduced in the law course and according to this system, the entire course of each year divided into two semesters-- first from the commencement of the academic session till december and the second after the reopening of the college after the winter vacations till the end of the academic session. According to this system, it was provided that the two semesters will have separate examinations--for first semester in November/december and for second semester in April/may, followed by a supplementary examination in July/august

(2.) ACCORDING to the petitioner, he took admission in LL. B. second year in academic session 1969-70 in M. L- B. College and appeared at the first semester examination of second year LL,b. and was declared pass. He alleges that he submitted an application for appearance in the second semester of LL. B. second year in April/may, 1970. He was permitted to appear in this examination, but on account of his illness he could not appear. However, the question of illness is disputed by the non-petitioner University.

(3.) ACCORDING to the petitioner as he did not appear in second semester examination, he did not Join the College, but obtained a certificate to appear as an ex-student in the second semester of LL. B. second year in April/may, 1971. As he was permitted to appear as an ex-student he appeared in the examination and was declared successful. He also alleges that he obtained 59 per cent. marks in this examination.