JUDGEMENT
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(1.) The petitioner has filed this Civil Writ Petition under
Articles 226/227 of the Constitution of India with a prayer for issuance
of a writ in the nature of Mandamus to admit him to 5th semester, B.A,
LL.B. (Hons.) ( 5 years integrated course) of Panjab University,
Chandigarh and further issue him roll number for appearing in 5th
semester examination.
(2.) The petitioner is a student of B.A,LL.B (Hons.), ( 5 years
integrated course). The first semester started in the year 2005-2006.
The aforesaid course comprised of 10 semesters. In one year, a student
is required to appear in two semesters, each semester consisting of five
papers. In a year, a student is required to clear 6 papers out of 10 papers
of two semesters and in two years, a student is required to clear 12
papers out of 20 enabling him to be promoted to the next year/semester.
The petitioner has passed his first and second semester successfully and
appeared in the third semester which commenced in the year 20062007.
(3.) The examination of third semester was held in the month of
December, 2006 . The petitioner cleared only one paper out of five
papers of third semester. Meaning thereby, the petitioner had cleared 11
papers out of 15 papers. The petitioner was promoted to the fourth
semester. As per rules and regulations, a student has to clear 60% of the
total papers. The petitioner appeared in the examination of fourth
semester which was held in April, 2007 and in that examination, the
petitioner could not clear even a single paper. The petitioner was not
satisfied with the result of fourth semester. So, he applied for reevaluation
of the papers of the fourth semester on 21.8.2007. As the
fifth semester was going to commence so the petitioner along with
other similarly situated students submitted representation dated
18.10.2007 before the Vice Chancellor for declaration of reevaluation
result. The re-evaluation result of the petitioner was
declared on 27.11.2007 which was affixed on the notice board on
3.12.2007. The petitioner was declared pass in paper-1 i.e. Paper of
English and paper-3 i.e. Paper of Law of Contract. Meaning thereby
that till fourth semester, the petitioner had cleared 13 papers out of 20
papers. As per stipulation for further promotion to the fifth semester, a
student has to clear 12 papers out of 20 papers whereas in the case of
petitioner, the petitioner had duly cleared 13 papers out of 20 papers.;
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