- (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition has been filed by the petitioner with the prayer that the respondents be directed to award minimum 1% grace marks out of the aggregate 1000 marks in each of the III and VII Semesters in the paper of "Mathematics III- (3EE6)" of III Semester Back Examination, 2011 and paper of "Power System Analysis (7EE2)" of VII Semester Examination, 2011. Further, it has been prayed by the petitioner that the revised and correct mark-sheets of III and VII Semester be issued to him. Accordingly, the respondents be directed to issue final/provisional degree of Bachelor of Technology to the petitioner. The petitioner is a student of Bachelor of Technology (B.Tech.) in Electrical Engineering Branch in Arya College of Engineering and Information Technology, Kukus, Jaipur. He had appeared in III Semester Examination, 2009, having Roll No.07EAREE016, and had secured 24 marks out of total 80 marks in the University Examination, while he had secured 10 marks out of 20 marks in Term Test/ Sessional. Thus, the petitioner secured total 34 marks out of 100 in paper "3EE6 Mathematics III" and was declared failed. Thereafter, the petitioner appeared in Back Examination in the year 2010 and he was awarded 10 marks out of 80 marks in University Examination, while 17 marks out of 20 marks in Term Test/ Sessional, bringing him to a total of 27 marks out of 100 marks. The petitioner had again appeared in the said papers in Back Examination, 2011 and was awarded 18 marks out of 80 marks in the University Examination. He secured 19 marks out of 20 marks in Term Test/ Sessions. Therefore, he had secured total 37 marks (Annexure-1). The petitioner had appeared in VII Semester Examination, 2011 and in paper "7EE2- Power System Analysis", he was awarded 18 marks out of 80 marks in University Examination and 15 marks out of 20 marks in Term Test/ Sessionsal and this brought him to a total of 33 marks out of 100 marks, after revaluation. The respondents had declared the petitioner failed. The petitioner had appeared in VIII Semester Examination, 2011 and in that he was declared passed as he secured 70.5% marks (Annexure-3). In the Theory Paper (8EE2- Electric Drivers and Their Control), the petitioner secured 38 marks out of 100 marks and he had been declared passed by grace i.e. by giving 2 grace marks because the minimum passing marks was 40 marks out of 100 marks. 5. The petitioner had then brought to the notice of the respondent University about the judgment passed by the High Court, both in Single Bench as well as Division Bench, as delivered in the case of Gaurav Agarwal (SBCWP No.9595/2008, 3027/2009 and 3625/2011 and DB Civil Special Appeal No.1080/2011) and Sunil Khanchandani (SBCWP No.14222/2011 and DB Civil Special Appeal No.2482/2011). But the respondents did not take into consideration the said judgments and did not proceeded in accordance to them. Therefore, the petitioner had sent a notice for demand of justice to the respondent University on 04.01.2012 through registered A.D. Post as well as by e-Mail and Fax, wherein the petitioner had raised grievance with regard to award of grace marks in II, III and VII Semesters. Though the notice was duly served but the respondents did not respond for redressal of the grievance of the petitioner. The petitioner had then filed a writ petition (SBCWP No.629/2012) before the High Court. The said writ petition was disposed of on 17.01.2012 whereby the petitioner was directed to resubmit the notice for demand of justice alongwith the copy of the order of the High Court to the respondent University. The Controller of Examination, Rajasthan Technical University was directed to address to the said notice for demand of justice dated 04.01.2012 and decide the same by a reasoned and speaking order, keeping in view the enunciation of law by the High Court in the cases of Gaurav Agarwal and Sunil Khanchandani. It was in the said judgments that the High Court had interpreted the rules with regard to award of grace marks in the Faculties of Engineering and Technology, Rajasthan Technical University (Annexure-6).
(3.) IN the meantime, the petitioner had cleared and passed the Theory Paper of Engineering Mechanics- Code 204 of II Semester by reappearing in the said examination. Therefore, the grievance of the petitioner remained only in respect of III and VII Semesters. In compliance of the order passed by the High Court on 17.01.2012, the petitioner resubmitted the copy of the notice for demand of justice dated 04.01.2012 alongwith the certified copy of the order dated 17.01.2012 to respondent No.2 on 27.01.2012 and had also obtained a receipt on the office copy of the same (Annexure-7). The petitioner had also submitted the copy of the notice dated 04.01.2012 alongwith the copy of the order dated 17.01.2012 passed by the High Court to the Registrar of the University on 27.01.2012 (Annexure-8). But the grievance of the petitioner was not redressed, so much so, that he had not even received any response to the request so made on 27.01.2012, in compliance of the order of the High Court dated 17.01.2012. Subsequently, the petitioner submitted representation on 07.02.2012 to Shri Ram Kishore Saini, Hon'ble the State Minister for Technical Educaiton, Government of Rajasthan, Jaipur. Alongwith the said representation, the petitioner had also submitted a copy of the order dated 17.01.2012 passed by the High Court; notice for demand of justice dated 04.01.2012; copy of the judgment passed in S.B. Civil Writ Petition No.14222/2011; copy of the judgment passed in D.B. Civil Special Appeal (Writ) No.2482/2011; Rules for the Award of Grace Marks of Rajasthan Technical University, Kota and the application given to the Controller of Examination, Rajasthan Technical University, Kota (Annexure-9). Similar representation, with aforesaid documents, was also given to the Principal Secretary, Technical Education Department, Government of Rajasthan, Jaipur (Annexure-10). The University did not respond to the representations given by the petitioner but the State Government, vide letter dated 02.04.2012, had sent a copy of the letter dated 22.03.2012 written by the respondent University to the Deputy Secretary, Technical Education Department, Government of Rajasthan (Annexure-11 and 12). Though in the letter dated 22.03.2012, the surname of the petitioner was wrongly mentioned as 'Gupta' in place of 'Gulati' but a perusal of the same goes to show that so far as VII Semester is concerned, it has been mentioned in the letter that as per University Grace Marks Rules, he is entitled to be awarded 10 grace marks i.e. 1% of total 1000 marks and the case of the petitioner is covered by the order of the High Court and he can be declared pass in B.Tech VII Semester Examination. But despite of the said observations made in the aforesaid letter, the revised mark-sheet of pass in VII Semester Examination has not been issued to the petitioner till date. ;