S.K.MAL LODHA, J. - (1.) THIS is a petition by Vinod Kumar Purohit under Article. 226 of the Constitution of India praying for the following reliefs: (1) That the University of Jodhpur (here in after referred to as 'the University') may be directed to issue syllabus to the petitioner (2) That the University may be directed to conduct Final Examination in Law for the year 1983 of the petitioner in accordance with Ordinance 358 of the University as existed on the date when the petitioner took admission in the First year in Law.
(2.) THE petitioner sought admission in Three year Degree Course in Law in 1980. The admission, examination, etc. to Three Year Degree Course in Law are governed by Ordinance 353 to 367 of the University. Mr. M.R. Singhvi. learned Counsel for the petitioner has referred to Ordinance 356 in para 4 of the writ petition relating to First Examination in Law. According to the Syllabus, at the time of petitioner's admission in Three Years Degree Course in Law, the Scheme of Examination provided that the Final Examination in Law in each subject shall carry 100 marks, out of which 90 marks will be given in written papers in each subject and 10 marks in each paper will be given for sessionals. The petitioner passed his First Examination in Law. He took admission in Second Year in Law in 1981. During the course of studies in the Second Year as a regular student, the petitioner submitted his sessionals and was awarded marks. The petitioner could not appear in Second Examination in Law on account of illness. The petitioner appeared in the Second Examination in Law in 1982 and was declared successful. In the marks -sheet (Ex 2) which was given to the petitioner, the marks obtained by him in 1981 in Second Examination in Law were not carried forward in each written paper. In cl. (b) of the Permission Letter of Examination, it was mentioned that the examination of the petitioner will be held in accordance with the Syllabus issued for the year 1981/82. Having come to know that policy of 10% marks for sessionals has been abolished, the petitioner submitted a representation dated April 3, 1983, the copy of which has been filed as Ex. 5. After seeking admission in the Third Year in Law, the petitioner filed SB. Civil Writ Petition No. 1723 of 1982 against the University of Jodhpur. Show cause notice was issued to the University of Jodhpur and the writ petition was decided on October 5, 1982. In that writ petition, the petitioner prayed for the following reliefs: (i) The order Ex. 5 dated August 4, 1981 passed by the Vice -Chancellor of the University in exercise of powers vested in him under Section 12(5) of the Jodhpur University Act be quashed. (ii) The University be directed to issue a fresh marks -sheet for the LL.B. Part II examination adding the marks obtained by the petitioner in the respective subjects vide Ex. 2 after making necessary mathematical calculations. (iii) The University be directed to allow the petitioner in final Year Examination under the same set of examination as was held out in the syllabus which was given to him at the time of his admissions in Part I Exam.
(3.) THE learned Judge did not grant reliefs No. (i) and (ii). In regard to relief No. (iii), he observed as under while dimissing the writ petition summarily on October 5, 1982: As regards the third relief, the submission of Shri Singhvi is that in the final year LL.B. examination going to be held in the year 1983, the University is going to abolish the scheme of sessional marks and that the aforesaid decision of the University cannot be made applicable to the petitioner who joined the LL.B. course in 1960 when provisions for sessional marks was there for the final year examination also. The petitioner has not placed on record any order to show that the system of sessional marks will not be applicable to the final year LL.B. examination in the year 1983. On the other hand, the syllabus for the year 1982 which has been produced by Shri Singhvi shows that in the final year examination of 1982 the provisions for the sessional marks were there. In the circumstance, it cannot be assumed that in the final year examination of 1983, the system of sessional marks will not be there. In case the University passes an order abolishing the sessional marks in the final year examination 1983, it will be open to the petitioner to challenge the legality of the said order. ;