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1971 Supreme(Gau) 29
GAUHATI HIGH COURT
P.K.Goswami, B.N.Sarma, JJ.
Siba Prasad Baruah -Appellant
Versus
Dibrugarh University -Respondent
Civil Rule No. 376 of 1968
Decided On : 30-04-1971
J.P.Bhattacharjee, R.C.Choudhary, P.G.Barua
The rules and regulations of the Gauhati University's Law Course, as adopted by the Dibrugarh University, did not require the University to adopt the combined assessment method used in the M.A. Course.
Headnote:
UNIVERSITY LAW COURSE - RULES AND REGULATIONS - APPLICABILITY - DIBRUGARH UNIVERSITY - ADOPTION OF GAUHATI UNIVERSITY RULES - INTERPRETATION - COMBINED ASSESSMENT OF MARKS - NOT PERMISSIBLE.
Fact of the Case:
The petitioner, a law student at Jorhat Law College, challenged the Dibrugarh University's decision to fail him in the Law (Final) Examination. He argued that the University should have applied the rules of the Gauhati University's Master of Arts (M.A.) degree, which allowed for a combined assessment of the Previous and Final Examinations, instead of the rules applicable to the Law Examination.
Finding of the Court:
The court held that the Dibrugarh University was correct in applying the rules of the Gauhati University's Law Course to the petitioner's case. It found that the First Regulations of the Dibrugarh University, which adopted the Curricula, Syllabi, and Text Books of the Gauhati University, did not require the University to adopt the combined assessment method used in the M.A. Course.
Issues: 1. Whether the Dibrugarh University was correct in applying the rules of the Gauhati University's Law Course to the petitioner's case. 2. Whether the petitioner should have been declared to have passed the Law (Final) Examination based on a combined assessment of the Previous and Final Examinations.
Ratio Decidendi: 1. The court interpreted Article 5 of the First Regulations of the Dibrugarh University, which stated that the Rules and Regulations for various Examinations of the Gauhati University shall govern the Examinations under Articles 3 and 4 above, to mean that only the rules applicable to the Law Course of the Gauhati University were to be applied to the Law Course of the Dibrugarh University. 2. The court found that there was no provision in the Rules of the Gauhati University's Law Course to carry over the marks of one course to the other and that the result of each course was assessed independently without reference to the other course or courses. 3. The court held that the combined assessment of the Previous and Final Examinations provided for in the M.A. Course was not laid down for the Law Course and that there was no violation of any statutory rules by the Dibrugarh University in not declaring the petitioner as having passed the Final Law Examination.
Final Decision: The court dismissed the petitioner's application for a writ of mandamus, holding that the Dibrugarh University had not violated any rules in failing the petitioner in the Law (Final) Examination.
2. The petitioner obtained degree of Bachelor of Arts in the year 1963 and was admitted in the Jorhat Law College in 1965 which is a recognised professional college under the Dibrugarh University for prosecuting the Bachelor of Law degree course. The Dibrugarh University by the First Regulations relating to the Curricula and Syllabi of Post-graduate courses made the Law Course to be of two years' duration and was divided into Law (Previous) and Law (Final), one year for each part. The Law (Previous) Examination has six papers with 100 marks in each paper and the Law (Final) Examination similarly the remaining six papers with 100 marks in each paper. The petitioner passed the Law (Previous) Examination obtaining more than 50% of the aggregate of the total marks. In due course, he sat for the Final Examination, but when the results were announced he was not shown as successful candidate. In the Law (Previous) Examination he passed in all the papers and secured 357 out of 600 marks. In the Law (Final) Examination, although he secured more than 30% of marks, which is the minimum pass mark, in all the papers, his aggregate marks were only 267, that is to say, 33 marks less than 300 which is the minimum aggregate which, it is said, he is required to obtain in order to pass. The petitioner represented to the University that he should have been declared to have passed the Law (Final) Examination in accordance with the Rules of the University, but the respondents did not accede to the prayer.
3. Mr. J. P. Bhattacharjee, the learned counsel for the petitioner, submits that the University is wrong in applying the rules applicable to the Law Examination of the Gauhati University in failing the petitioner. According to him, the University ought to have adopted the rules applicable to the Master of Arts degree of the Gauhati University where the examination is held in two parts, namely Previous and Final. The learned counsel, in support of his submission, draws our attention to the First Regulations of the Dibrugarh University published in the Assam Gazette Extraordinary dated October 13, 1965 at page 616. By Article 3 (1), the Curricula, Syllabi and Text Books for Post-Graduate Courses in such subjects as prescribed by the Gauhati University shall be deemed to have been prescribed by the Dibrugarh University till they are modified by the Act. By the proviso thereof, the Law Course shall be of two years' duration and shall be divided into Law (Previous) and Law (Final) and the duration of these shall be one year each with papers and marks as shown below:
(a) Law (Previous) Examination.
1. Indian Constitutional Law 100 marks.
2. Hindu Law and Muhammadan
Law 100 marks.
3. Law of Contract 100 marks.
4. Criminal Law 100 marks.
5. Transfer of Property Act
and Registration Act 100 marks.
6. Jurisprudence and Tort 100 marks.
(b) Law (Final) Examination.
1. Administrative Law and Commercial Law or Labour Law 100 marks.
2. Land Laws and Indian
Succession Act 100 marks.
3. Evidence and Limitation 100 marks.
4. Civil Procedure Code Drafting
and Conveyances 100 marks.
5. Private International Law and
General Principles of Criminal Procedure 100 marks.
6. Equity 100 marks.
(2) The Syllabi, Text Books and Leading cases in respect of the Law (Previous and Final) Examinations shall be the same as prescribed by the Gauhati University for its Law Course.
Article 4 relates to Under-Graduate and Pre-University courses. Article 5 may now be read:
"The Rules and Regulations for various Examinations of the Gauhati University in force in that University on the date of establishment of the Dibrugarh University, shall govern the Examinations under Articles 3 and 4 above
