- (1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 6-7-2003 against the respondents with a prayer that by an appropriate writ, order or direction, the respondents be directed to consider the case of the petitioner for being awarded the merit certificate for third and fourth year and the gold medal for the integrated course of B.E. Agriculture after ignoring the remarks of make-up.
(2.) The facts of the case as put forward by the petitioner are as under : i) That the petitioner took admission in B.E. in Agriculture subject in the year 1999 in Rajasthan Agriculture University now known as Maharana Pratap University of Agriculture and Technology, Udaipur {hereinafter referred to as the respondent No. 1 University). The petitioner obtained degree in B.E. in Agriculture subject from respondent No. 1 University. ii) Further case of the petitioner is that in the Third Year of B.E. Course in the year 2001, the petitioner was completing his paper, but on 13-4-2001 while examination of Computer Programming "C" paper was being held, there was violent protest amongst the students due to certain part of the questions which were out of course and for that there was general boycott by all the students and since there was no provision for security of the petitioner, in spite of his willingness to appear in the examination of computer Programming C" Paper, he was also forced to join the boycott as done by others. iii) Further case of the petitioner is that on the instructions of the Dean, the students were marked absent and practical examinations were postponed for a subsequent date and this type of remarks were also found in the marksheet (Annex. 3) of third year of the petitioner. Thus, the result of 3rd year of B.E. Course was declared along with the remark of absence in the abovementioned paper and granting of make-up to all the students. iv) Further case of the petitioner Is that when the students protested for reconduct of the abovementioned paper and this request was accepted and all the students were allowed to re-appear in examination of Computer Programming "C" paper as well as practicals. iv) Further case of the petitioner is that he secured highest marks in the Computer Programming "C" Paper, but the merit certificate was withheld on the ground that Computer Programming "C" paper was given status of make-up. v) Further case of the petitioner is that In the 4th year of B.E. Course, he also obtained 79.87% marks with distinction and stood first in the rank In the agriculture branch. A copy of marksheet of 4th year is marked as Annex. 4. vi) Further case of the petitioner is that the petitioner was deprived of Gold medal as well as merit certificate on the ground that paper of Computer Programming "C" in the 3rd year of B.E. Course was given the status of make-up and this fact was also mentioned in the mark-sheet (Annex.3). Hence, this writ petition with the abovementioned prayer.
(3.) In this writ petition, the main case of the learned counsel for the petitioner is that the plea of make-up mentioned in the Rules is for those persons who are permitted to improve or are given a chance even when they are absent due to their personal liability or because of lack of personal merit, but however since in this case, the petitioner was forced to join the boycott during the violent protest even when he was personally willing to take the paper of Computer Programming "C", and in other words paper of. Computer Programming "C" in 3rd year of B.E. Course was given status of make-up due to the cause which was beyond the personal control of the petitioner and therefore, there was no fault on the part of the petitioner and hence denial of gold medal and merit certificate to the petitioner on the ground that paper of Computer Programming "C" in 3rd year of B.E. Course was given status of make-up is illegal and this writ petition deserves to be allowed.;