On 16th September, a bench of Karnataka High Court consisting of Justice R. Devdas in the case of Karthik Patel and Karnataka State Law University directed the Karnataka State Law University to follow its previous order issued in the case of Ritvik Balanagaraj B, in which the university was directed to assess the marks of BA. LL.B. Students on the basis of internal assessment and marks obtained in previous semester.
The court quashed Clause 7 of the guidelines issued by the university under which a candidate shall be considered “fail” who has not secured 40% or more on an aggregate percentage of total performance including theory and internal assessment of marks in the previous semester.

Facts of the case:

The petitioners, who are the students of law from different institutions affiliated under different institutions affiliated under Karnataka State Law University approached the court on the ground that although the court and issued certain guidelines that the grading of the students shall  be  done  on  the  basis  of 50% of the internal assessments and taking 50% of the marks awarded in the previous semester examinations, the university in its recent notification directed that the a candidate shall be considered “fail” who has not secured 40% or more on an aggregate percentage of total performance including theory and internal assessment of marks in the previous semester.

Contention of the petitioner:

The following contention has been submitted by the petitioner:

  1. It was submitted that the directives in terms of Clause No.7, the petitioners’ previous semester examination marks have not been considered since according to Clause No.7 the petitioners have secured less than 40% marks in the previous semester examination and therefore, the petitioners were not assessed for the June 2020 semester examination.
  2.  It was also submitted that Clause No.7 is in contravention of the directions issued by this Court. And that since there is no ambiguity in the  directions issued by this Court and therefore, the decision taken by the Syndicate of the respondent-University and the guidelines, especially Clause No.7 being in contravention of the directions issued by this Court, the same is to be stuck down and a direction  is  required  to be issued to the respondent-University to assess the petitioners by taking into consideration 50% of the marks awarded in the previous semester examination,

Contention of the respondent:

Per Contra the counsel for the respondent submitted the following:

  1. It was submitted that before the Syndicate issued  the  guidelines on 3 1.03.2021, a Sub-Committee was constituted comprising of Law Professors and Lecturers to go into the issue and give its opinion regarding adoption of the 50-50 formula which was directed by this Court.
  2. It was further submitted that the guidelines issued on 31.03.2021 was on the opinion given by the Sub-committee that was constituted by the university.

Order of the court:

Having heard both the parties the court observed that the guidelines especially clause 7, issued on 31.03.2021 was not in compliance with directions issued by this court and was liable to be quashed.

The court while deciding the matter also remarked that “it is essential to notice that only three students have approached this Court with the grievance as stated above, while there may be several hundreds of students who are similarly placed. Therefore, the benefit given to the petitioners herein shall also ensure to all such students, who are similarly placed and the respondent-University shall extend the same benefit to all such students without waiting for such students to approach this Court."

Read Order @Latestlaws.com

Picture Source :

 
Anusree