He gave the said examina tion and in the same year he was admitted to the Final Law companyrse in the same College.
It is, therefore, the Universi tys companytention that in view of the said Regulations, he was number qualified to be admitted to the Law companyrse and since he was admitted wrongly, he was number entitled to appear for the examination and, there fore, for the declaration of his results in the said exami nation.
The appellant made represen tations to the Bar Council of India and the Administrator of the Berhampur University, on February 12, 1986.
From the Judgment and Order dated 30.7.1987 of the Orissa High Court in O.J .C. No.
On November 11, 1986, the appellant made a representation pointing out that he had secured more than 40 per cent marks in the said examination and, therefore, he was entitled to be admitted to the Law companyrse.
The University has objected to the appel lants admission on the ground that the University Regula tion 1 in Chapter VIII relating to the Bachelor of Laws Examination Three Year Course read with Regulation 10 in Chapter V of the University Regulations relating to the Masters Degree Examination requires that if the student has secured less than 25 per cent marks in any of the papers for A. examination, he should have on the aggregate more than 39.5 per cent marks in the said examination.
Admittedly, the appellant has obtained in the aggregate 364 marks out of 900 marks, i.e., more than 40 per cent marks, but in one paper in Group II, he has secured only 13 marks out of 100 which were less than 25 per cent.
In spite of this, the University did number take any step to announce the appellants results.
The writ petition was dismissed by the High Court by the impugned order of July 30, 1987.
On October 30, 1986, the University replied that since the appellant had secured less than 39.5 per cent marks in his M.A. degree examination, he was number eligible for admission to the Law Course.
On November 14, 1986, the Chairman of the Board of Studies also wrote to the Deputy Registrar of the University pointing out that the Board of Studies in its meeting held on October 29, 1986 had recommended that those students who had passed their M.A. examination and had secured more than 40 per cent of the total marks should be companysidered eligible for admission to the Law companyrse even though they had secured less than 20 per cent marks in any one of the papers in the said examinations.
Hence, the appel lant approached the Orissa High Court by a writ petition on May 11, 1987 challenging the number declaration of his results and the Universitys refusal to permit the appellant to appear in the Final Law examination.
891 of 1988.
Against the said decision the present appeal was filed.
By an interim order of March 15, 1988.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Govind Das and J.R. Das for the Appellant.
In 1985, he appeared for the Pre Law and Inter Law examinations held by the Berhampur University to which the Ganjam Law College is affiliated.
N. Misra, A.K. Jha and P.K. Jena for the Respondents.
The appellant passed his M.A. examination in July 1981 securing in the aggregate 364 marks out of 900 marks, i.e., more than 40 per cent of the total marks.
The following Judgments of the Court were delivered SAWANT, J. This is an appeal by special leave against the order dated 30th July, 1987 of the High Court of Orissa.
In 1983, he secured admission in Ganjam Law College for three year Law Course.
There is numberdispute that at the time he took admis sion, he had submitted his marks sheet along with his M.A. degree certificate.
162 1 of 1987.
The appellant companypleted his first year companyrse known as the Pre Law Course and in 1984 was promot ed to the second year companyrse known as the Intermediate Law Course.
It appears that although he was admitted to the Final Law classes, his results for the Pre Law and Inter Law examinations were number declared.
