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Judgment
J.B. Pardiwala, J.—In this writ petition preferred by a Trust registered under the Bombay Public Trust Act, 1950, through Petitioner No. 2 who is the Incharge Principal of the Arts and Commerce Colleges run by the trust has prayed for the following reliefs:
B. That this Hon''ble Court be pleased to quash and set aside the letter dated 12/7/2011 issued by the Registrar Veer Narmad South Gujarat University rejecting the internal marks furnished by the Petitioners in respect to the 111 students of the subject of the Environmental Studies of First Year Bachelor of Arts Gujarati Medium and of 13 students of Banking subject of First Year Bachelor of Commerce Gujarati Medium and in turn be pleased to direct the Veer Narmad South Gujarat University to accept the marks already submitted and published by it in the general mark-sheets supplied to the college dated 31/5/2011 and 3/6/2011 and declare the results of those 124 students which has been kept in D.L.O. list.And further issue to those students their individual Mark-sheets, in the interest of justice.
C. Pending admission, hearing and final disposal of this petition, this Hon''ble Court be pleased to direct the Veer Narmad South Gujarat University to permit the five students who have been declared failed as calculated from the general Mark-sheets dated 31/5/2011 and 3/6/2011 (Annexure-K Colly.) to appear in their respective examinations to be held from 25/7/2011 by accepting their application forms on the basis of a provisional Mark-sheet that may be issued by the University, in the interest of justice.
D. Pending admission, hearing and final disposal of this petition, this Hon''ble Court be pleased to direct the Veer Narmad South Gujarat University to release the provisional Mark-sheets of the successful students with a view to enable them to gain admission in the higher class.
Facts relevant for the purpose of deciding this petition can be summarized as under:
The colleges run and managed by Petitioner No. 1 are affiliated to Veer Narmad South Gujarat University (which shall hereinafter be referred to as ?the University? for short) and are under the direct control of the Commissioner of Higher Education, Gandhinagar. The Petitioner No. 1-trust is a minority institution. It appears that Incharge Principal at the relevant point of time had handed over as per the Rules 400 answer books of Environment paper in First Year B.A. (Gujarati Medium) and Banking Paper in First Year B.Com. (both English and Gujarati Medium) of some of the candidates to Shri B.G. Panchasra. It appears that said Shri Panchasra misplaced the answer books duly assessed and did not submit 111 answer books of F.Y.B.A. (Environment Subject) and 12 Banking answer books of First Year B.Com out of 137 total number of answer books.
It is the case on behalf of the Petitioners that all necessary attempts were made to convince Shri Panchasra to hand over all the answer-sheets as well as a complete mark sheet so that the work of giving aggregate internal marks can be undertaken as they are required to be sent to the University for being added in the marks of final examination. It appears that the First two internal examinations are to be conducted by the college which consists of 50 marks each whereas while calculating the internal marks an average of marks obtained in these two internal examinations is obtained and out of 20 marks the average marks obtained in two internal examination are to be awarded. Apart from this 10 marks are to be awarded by the concerned Professor or Lecturer in respect of the general efficiency, behavior, discipline, attendance and tutorial of the student. It also appears that the final examination conducted by the University is of 70 marks and the balance marks are added to the tally obtained out of 30 marks to the final examination marks and University thereafter issues final individual mark sheet to the students.
As all attempts on the part of Petitioner No. 1 failed, the letter was addressed dated 30th March, 2011 to the University seeking appropriate guidance from the Registrar in this regard who in turn informed the Incharge Principal to take appropriate decision in consultation with other senior Supervisors as well as HODs. In the meeting of HODs, Vice Principal and senior Professors convened on 20th May, 2011, it was unanimously resolved that as per the practice average marks obtained by each of the students in the second term internal examination in those particular subject be applied and considered as the marks obtained even for the first term.
It appears that problem cropped up when Examination Controller vide letter dated 3rd May, 2011 called upon the Petitioner to submit the internal marks of 111 students of Environmental subject which according to them were not received.
It appears that University informed the Petitioner that average marks which have been assessed and sent on the basis of 2nd term internal examination as well as the present one was not acceptable. In short, University refused to declare the results of those students whose answer books unfortunately got misplaced for No. fault on their part. It is at this stage that the Petitioners were left with No. option but to prefer present petition seeking appropriate relief in the matter.
Taking into consideration the fact that the students for No. fault on their part would not
have to suffer and their academic year would not get spoiled, we thought fit to pass an order on 20th July, 2011 which is reproduced here in below:
According to the Petitioners, answer-books of Environment paper in Ist year B.A. [Gujarati Medium] and Banking paper in Ist year B.Com.[ both English and Gujarati Medium] of some of the candidates, who appeared in internal examination, have, some how or the other been misplaced. For the said reason, University is not declaring their result. Learned advocate for the Petitioners would submit that internal examination is only of about 20% out of 100 marks and 10% is for attendance etc. and rest 70% marks are for final examination. Students have already appeared in the final examination of 70% marks and, therefore, average of the same can also be taken into consideration to find out the average marks against 20% internal examination. If that is allowed, the students of the institution will have No. objection, otherwise, there will be No. other way to publish the final result.
It is stated that if as per such formula, one or other student is found to have failed, that means, failed out of 70% of the marks of the subject, in such case, those failed students be allowed to appear in the examination scheduled to start from 25th July, 2011.
Let notice be issued on the Respondents. Mr. Pranav Dave, learned AGP accepts and waives notice on behalf of 1st and 2nd Respondent and Mr. D.C. Dave, learned Counsel appears on behalf of 3rd Respondent and waives notice. Counsel for the Petitioners will serve copy of the paper book on each of the counsel for the Respondents. No. further notice need be issued on the Respondents. Respondents may file their reply affidavit within two weeks.
Post the matters on 3rd August, 2011 within ten cases.
In the meantime, those students whose answer-books have already been lost, be allowed to appear in the examination scheduled to start from 25th July, 2011. However, their result be not published without prior permission of the Court.
It is made clear that if the Court agrees with the submission made on behalf of the Petitioners that average marks of 70% of the examination already conducted of the subject concerned are to be allotted to the students for papers against 20% marks which have already been lost, in that case, if any student stands passed on the basis of such average marks, then their results may not be required to be published out of this examination, which is scheduled to start from 25th July, 2011. In such case, only those students who are found not to have qualified even after awarding the average marks, the Court may direct to publish their result.
Direct service permitted.
When the matter was once again taken up for further hearing on 3rd August, 2011, learned advocate appearing for University opposed the petition submitting that the students be asked to once again appear in internal examination and only thereafter the results will be declared by the University.
Taking into consideration the interest of the students we felt that the suggestions of University was not reasonable and therefore we made it clear that as internal examination is only of about 20% out of 100% of marks and 10% is for attendance etc. and rest of 70% marks are for final examination and further students have already appeared in the final examination of 70% marks the average of the same may be taken into consideration to find out the average marks against 20% internal examination. To put it by way of an illustration say for instance a student has been able to secure 35 marks out of 70 marks then 50% of 35 marks will be 15. This 15 marks would be the average internal marks. This 15 marks will ultimately be added to 35 marks i.e. 35 + 15 = 50.
We direct Petitioner to undertake this exercise at the earliest and prepare a fresh statement of internal marks on the basis of the above illustration which has been given by us and forward the same to Veer Narmad South Gujarat University, who in turn shall accept the internal marks determined as explained by us and shall publish the same in the general mark sheet supplied to the college and declare the results of 124 students which have been kept in DLO List and thereafter issue individual mark sheet to each of the students. Learned senior counsel for the Petitioner states that college will undertake this exercise and prepare fresh statement of internal marks calculated as per the Court''s illustration within a period of three days and will see to it that the statement reaches University latest by Monday i.e. 8th August, 2011. We direct the University to immediately thereafter publish the same in the general mark sheet supplied to the college and declare the results of 124 students which have been kept in DLO list latest within a week from the date of receiving the fresh statement of internal marks from the Petitioner college.
In this view of the matter No. further adjudication is necessary in this regard and the petition is accordingly disposed of in the above terms.