SUDESH KUMAR ARORA Vs. VICE CHANCELLOR RAVI SHANKAR UNIVER

JUDGEMENT

(1.) -By this petition under Article 226 of the Constitution the petitioner seeks a writ of mandamus directing the Vice-Chancellor and the Registrar of the Ravishankar University, Raipur, to declare the petitioner to have passed the Second Year Examination of the Degree Course in Engineering. We dismissed this petition on 13th April 1967 and in our order passed on that date we had indicated that we would give our reasons in support of the conclusion rejecting the petition later. We do so now.

(2.) THE petitioner during the material period was studying in Second Year of the Degree Course of Bachalor in Engineering of the Ravishankar University. THE petitioner appeared in the Annual Examination held in April, 1966, but failed. He again appeared in the Supplementary Examination in only one subject in which he had failed. He secured 47 marks out of 100 in that paper in the Supplementary Examination, but he was declared to have failed in the Examination as in the aggregate of all the theory papers he had secured less than 40 per cent marks. THE contention of the petitioner is that under the relevant Ordinances even though he had failed to secure an aggregate of 40 per cent marks in all the theory papers, he was entitled to be placed in Pass Division and he should have been declared to have passed the Examination.

(3.) IN the annual examination held in April, 1966, the petitioner had secured marks as indicated below:- From the mark-sheet it is clear that the petitioner had failed in Engineering- Chemistry II and had secured only 11 per cent marks. He could not, therefore, be placed in compartment, and was declared to have failed. At this stage, it may also be noted that the petitioner had secured only 348 marks out of 1000 in the aggregate of all the theory papers.