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2022 Supreme(Gau) 732

IN THE HIGH COURT OF GAUHATI AT ITANAGAR BENCH
Robin Phukan, J.
Kipa Kaman – Appellant
Versus
Rajiv Gandhi University, Doimukh and Others – Respondents
W.P. (C) No. 320 of 2019
Decided On : 19-04-2022

Advocates:
Advocate Appeared:
For the Appellant : C. Modi.
For the Respondent: T. Gadi.

Headnote:

Constitution of India,1950 - Article 226 – Power of High Court to issue Certain Writs - Directing respondent authorities to award decree of LL.B. to him, as he has already passed in 36 papers – Held, It appears that petitioner having accepted the prospectus and syllabus took admission in the three years Degree course he appeared in all the 37 papers - But, having been failed to passed out in paper (Taxation Law), which is a compulsory paper and now challenged the incorporation of the paper the Drafting, Pleading and Conveyance in the syllabus - But, it appears that the paper No. XXXV (Taxation Law) is a compulsory paper, and that he has accepted the inclusion of paper No. 37 in the syllabus, and he has passed in total 36 papers, but having been failed in a compulsory paper i.e. the paper XXXV (Taxation Law), to the considered opinion of this Court, he is not entitle to a Degree of LL.B. as he has not challenged the Academic council Resolution dated 19.04.2011, and the Notification issued subsequently - Petition dismissed.

JUDGMENT :

Robin Phukan, J.

1. This writ petition, under Article 226 of the Constitution of India is preferred by Shri Kipa Kaman, for directing the respondent authorities to award the decree of LL.B. to him, as he has already passed in 36 papers, as per the Ordinance of Rajiv Gandhi University.

2. The factual background leading to filing of the present petition is adumbrated here in below:

    “The petitioner took admission in the 1st semester of LL.B three years Degree course in the month of July, 2011, in Arunachal Law Academy. He has passed 36 papers as per the Ordinance of Rajiv Gandhi University, Doimukh. But, the Rajiv Gandhi University has adopted one extra paper, as a result of which the total number of papers goes up to the 37. The petitioner failed in the paper No. XXXV (Taxation law) in the 4th semester and he availed the second chance, wherein also he failed to clear the backlog paper. Thereafter, the petitioner has approach the respondent authorities to give one special chance to complete the said paper. But, the same was denied to him. He also approached the authority for revaluation of the paper in which he fails, but the same was also denied. Though, in the similar matter, some other students were allowed to revaluate their papers. The Bar Council of India has advised the Rajiv Gandhi University to adopt 33 papers since 2017, but till 2018, the prayer of the petitioner for granting LL.B. Degree by virtue of completion of 36 papers is denied. Being aggrieved, the petitioner approached this Court by filing present petition.”

3. The respondent authorities also filed affidavit-in-opposition denying the averments made in the petition. It is stated that on the basis of one representation filed by the LL.B. students, the University authority included the Drafting, Pleadings and Conveyance paper in the syllabus of LL.B. three years Degree course. And as such, the University authority has included this paper in the syllabus of LL.B. three years Degree course. The students, studying in Arunachal Law Academy has accepted the syllabus of three years Decree course and appeared in the examination. However, the petitioner was unsuccessful and failed in the paper No. XXXV (Taxation Law) and submitted a representation to the Vice Chancellor for consideration of revaluation of his answer booklet of the said paper. However, the same was denied to him, as in the semester system of examination, revaluation is discontinued, as per the Academic Council Resolution dated 17.06.2010. The authority has also given ample opportunity to the petitioner, but he was unsuccessful in the paper No. XXXV (Taxation Law). It is also stated that the candidates, who have appeared in the examination and have failed in the backlog paper in the examination, he has no locus-standi to file a writ petition, and his fundamental right has not been violated. And he has not challenged the resolution of the Academic Council Meeting held on 19.04.2011, by which the Paper of Drafting, Pleading and Conveyance has been included in the three year Degree course syllabus vide notification No. dated AC/676/BUGS/Law/07, dated 25.05.2011. It is also stated that the petitioner having accepted the prospectus and the syllabus and took admission in the LL.B. three years Degree course and participated in all the examination of 37 papers and having been failed they cannot turn around and file this writ petition for rejecting the prayer for revaluation, after failing in compulsory paper No. XXXV (Taxation Law).

4. I have heard the learned Advocates of both sides.

5. Mr. C. Modi, learned counsel for the petitioner submits that as per Ordinance of the Rajiv Gandhi University, Doimukh, there are 36 papers to be completed by the students, so as to get the LL.B. Degree. But, it has included another paper of Drafting, Pleading and Conveyance in the syllabus of LL.B. three years Degree course. And the petitioner has completed all the 36 paper but, fails in one paper, and as per ordinance, he has

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