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1984 Supreme(SC) 61

S.MURTAZA FAZAL ALI, RANGANATH MISRA, A.V.VARADARAJAN
Punjab University, Chandigarh: Punjab University – Appellant
Versus
Sunder Singh: Ajai Kumar – Respondent


Advocates:
C.M.NAYAR, D.N.GUPTA, HARDEV SINGH, J.L.GUPTA, R.S.SODHI, V.K.VARMA

JUDGMENT

RANGANATH MISRA, J .— Each of these appeals is by special leave and is directed against the decision of the High Court of Punjab and Haryana in separate writ petitions. A common question is involved in all the three matters and that relates to a correct interpretation of Rule 27.1 (a) in Chapter III of the Punjab University Regulations.

2. Respondents in each of these appeals was a student of the Punjab University for the Master Degree in Law (LL M.). Rule 7 of the Punjab University Regulations provides :-

"7. The minimum marks required to pass Part I/II examination, as the case may be, shall be :

(i) 45 per cent in each paper, and

(ii) 50 per cent in the aggregate."

It may be stated that there are eight papers in all each carrying 100 marks and Part-I covers four papers while, Part-II covers the remainder. Rule 27 reads as follows :

"27.1 (a) A candidate who appears in all subjects of an examination and who fails in one or more subjects (written, practical, sessional or viva voce) and / or the aggregate (if there is a separate requirement of passing on the aggregate shall be given grace marks up to maximum of 1 per cent of the total aggregate marks (excluding marks for internal













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