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1995 Supreme(Guj) 372

R.A.MEHTA
PARITOSH MAGHRAJ CALLA – Appellant
Versus
GUJARAT UNIVERSITY – Respondent


Advocates Appeared: M.R.ANAND, S.N.SHELAT, V.P.Shah

R. A. MEHTA, J.

( 1 ) THE petitioner, a student of First Year B. Com. in the 2nd respondent H. L. College of Commerce, affiliated to the 1st respondent Gujarat university, was not admitted to the First Year B. Com. University examination and his application form was withdrawn by the college as he did not pass the internal evaluation in five out of seven subjects. For internal (College) evaluation, the maximum marks are 30 in each subject and 70 marks are for the external (University) examination. The standard of passing is 36% of marks obtainable. The petitioner obtained the following marks in each of the seven subjects out of 30 : subjects Marks obtained out of 301. English 23 2. Commercial Communication-I 11 3. Economics-I 6 4. Accountancy 3 5. Business Organisation and Management-I 8 6. Principal Subject-Advance Accountancy 8 7. Subsidiary subject-Computer Programming 8

( 2 ) THIS refusal to admit to the University examination is based on Regulation F. B. Com. I, 2 (i) which provides that no candidate who has not passed in atleast half the number of heads for internal evaluation shall be admitted to the University examination concerned. The petitioner has challenged the validity o





















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