- (1.) THIS matter comes up on an application under Article 226 of the Constitution of India for allowing the petitioner to write the LLM Part II Examination and for directions to the respondents to issue the marks-sheet of LLM Part I written by the petitioner under an interim order of this court passed earlier in this writ petition on 29-3-2011.
(2.) HOWEVER, with the consent of learned counsel for the parties, the case has been heard finally. The facts of the case are that the petitioner sought admission in the LLM Course in the Government Law College Ajmer affiliated to the Mehrishi Dayanand Saraswati University Ajmer for the academic session 2006-07. An issue arose with regard to eligibility of the petitioner for admission to the LLM course with reference to Ordinance 257(2) of the Ordinance of MDS University Ajmer, which reads as under:- ...[VERNACULAR TEXT OMMITED]... The petitioner claiming to have secured 54.67% marks in the qualifying examination for admission to the LLM course with the Government Law College Ajmer affiliated to the MDS University Ajmer appears to have filed a suit for declaration before the Civil Judge (Junior Division) & Judicial Magistrate Ajmer (South), and along therewith an application under Order 39 Rule 1 and 2 CPC seeking a direction in the interim that during pendency of the suit he be admitted to LLM Ist Year in the Government Law College Ajmer for academic session 2006-07. On the said application for interim direction by the petitioner the learned Civil Judge (Junior Division) & Judicial Magistrate Ajmer (South) vide order dated 12-9-2006 directed the Government Law College Ajmer that the petitioner be provisionally allowed to be admitted in the Ist Year for the academic session 2006-07 LLM course, subject to final outcome of the suit pending before the court. The MDS University Ajmer and State of Rajasthan filed a miscellaneous civil appeal against the order dated 12-9-2006, which however came to be dismissed on 26-5-2010. In these circumstances the Government Law College Ajmer appears to have admitted the petitioner to the LLM course Ist Year vide letter dated 28-8-2010 with reference to orders of the courts detailed herein above. The petitioner thereafter appears to have pursued his LLM Ist year course at the Law College Ajmer affiliated to MDS University Ajmer. However when the examination for the Ist year of LLM course were to commence, the petitioner was informed vide letter dated 20-12-2010 under the hand of Principal, Government Law College Ajmer, that his examination form for writing the Examination of LLM Ist year course had been rejected. The letter dated 20-12-2010 was founded upon the letter dated 6/14-12-2010 sent by Controller of Examination, MDS University Ajmer to the Government Law College Ajmer qua the petitioner's form for admission to the Ist Year LLM Examination on the ground that under applicable Ordinance 257 (2) the petitioner was not qualified to write the examination of LLM course.
(3.) IN the aforesaid circumstances the petitioner approached this court by filing present writ petition. This court vide order dated 29-3-2011 while issuing notice to respondents directed that the petitioner be permitted to appear and write the Examination of Ist Year of LLM Examination following the academic Session 2010-11 but his result not be declared unless directed by this court. It appears that pursuant to interim direction of this court the petitioner has written the Ist year LLM Examination, and, as per say of the petitioner's counsel passed the said examination. Counsel submits that in spite of passing the LLM Ist Year Examination 2011 the petitioner's result was not declared and the petitioner not being allowed to write the examination for LLM IInd year commencing 30-4-2012. Therefore, it is prayed that respondents be directed to declare the petitioner's first year LLM result and allow the petitioner to write the LLM IInd Year Examination 2012. Learned counsel for respondents have opposed the prayer of the petitioner and submitted that since the petitioner had secured only 54.67% marks in the qualifying DLL Examination, he was/ is not entitled to be admitted in LLM Course in terms of Ordinance 257 (2) of the Ordinance of the MDS University Ajmer, according to which a candidate is required to have secured at least 55% marks. It is submitted that the Ordinance categorically provides that even one mark short of the required percentage of 55 in the qualifying examination would not be condoned and applicants not fulfilling the minimum mark criteria would not be considered for admission. ;