Shujat Ali vs Jamia Millia Islamia And Ors.
1999 Latest Caselaw 276 Del

JUDGMENT

Devinder Gupta, A.C.J.

1. The appellant's writ petition was dismissed by the learned Single Judge on 11.12.1998, who has preferred this appeal under Clause 10 of the Letters Patent.

2. Writ petition under Article 226 of the Constitution of India was filed by the appellant seeking direction against the respondent University to promote him to the 2nd year M.B.A. as per the Rules of the University; grant mark sheet to him in terms of . actual marks obtained and award him proper grade in the mark sheet in terms of actual marks.

3. Interpreting the Examination Rules, learned Single Judge held that without passing Ist year examination, a candidate cannot undergo the IInd year course or appear in the IInd year examination and as per Clause 7 of the Examination Rules, to pass the Ist year examination, a candidate shall obtain at least grade 'D' in each course of the Ist year examination. The appellant has not obtained at least 'D' grade in each course of the Ist year examination. Thus the appellant has not passed Ist year of M.B.A. Examination and he is not eligible to undergo IInd year course. On the contention of the appellant for interpreting Rules in a particular manner, it was held that the respondent University has interpreted and implemented the Examination Rules in a particular manner and since the same criteria has uniformly been followed in the case of all the students, no injustice will be done to the appellant even if the respondent University is allowed to follow the same criteria for promotion in the case of the appellant also.

4. Ist Year Examination for the degree of Master of Business Administration (Part Time) as per the Examination Rules, is open to candidates, who have undergone a part time course of study for one Academic Year at the University and also satisfy the requirements of the University Regulations. IInd Year Examination is open to candidates who have undergone a part time course of study for one Academic Year at the University and also satisfy the requirements of University Ordinances and have passed the Ist Year of Master of Business Administration (Part Time) Examinations. Similarly, IIIrd Year Examination is open to candidates who have undergone a regular course of study for one Academic Year at University and passed the IInd Year.

5. Each examination comprise University Examination and sessional work (case Study, presentation, take home tests, practical and Viva Voce examinations of various courses). Rule 5 says:-

"Each examination shall comprise university examination and sessional work (case study, presentation, take home tests, practical and/or Viva-voce examinations of various courses), the credits and relative weight ages of Sessional and University Examination components of each course shall also be as prescribed.

Students are required to obtain 35% marks in each theory paper to pass that course. For each course i.e. theory plus sessional students must score 40% marks tp pass that course. For the purpose of calculating the class average of the course marks below 35% and above 85% shall not be considered."

6. A bare reading of the aforementioned rule makes it clear that in order to pass a particular course, a student must score 40% marks in theory plus sessional. Rule 10 deals with promotion and says that a candidate shall not be promoted from Ist year to IInd year, if he fails in more than three courses. The Rule is in negative terms and thereby prohibits the University from promoting a candidate if he fails in more than three course, namely, a candidate having secured less than 40% marks in each of the three courses in theory and sessional. It is not in positive terms and it does not say that a candidate failing in three or less than three courses shall be promoted. The positive rule is Rule 7. It lays down that in order to pass an examination, a candidate shall obtain at least grade 'D' in each course. Rule 7 reads:-

"The grade in each course shall be awarded on the basis of the total marks obtained by a candidate in sessional work and the University Examination. To pass each of the examination mentioned in Clause 2 to 5 above, a candidate shall obtain at least grade 'D' in each course."

7. Grading is done by converting absolute marks obtained by a candidate into five grades on 10 point scale as follows:-

"Grade Letter Grade Points Significance

A         10 Outstanding

B         08 Very good

C         06 Good

D         04 Satisfactory

E         02 Unsatisfactory

F         00 Incomplete

(Absent in University Examination Component)"

8. The Rules also provide for procedure to be followed for award of grades. The same is not under challenge.

9. The case of the appellant has been that as he failed only in three course out of seven, therefore, on the strength of Rule 10 read with Rule 5, he will be entitled to be promoted from Ist year to IInd year. It only while converting absolute marks into grades that the University took a decision not to promote him on the ground that he had failed to obtain grade 'D' in each course.

10. We find nothing wrong with the reasoning of the learned Single Judge in not granting relief to the appellant that as per Clause 7 of the Examination Rules to pass the Ist year examination, a candidate shall obtain at least grade 'D' in each course of the Ist year examination. Admittedly the appellant had not obtained at least grade 'D' in each course of the Ist year examination. The appellant thus in terms of Rule 7 had not passed the Ist Year Examination of M.B.A. and this was the interpretation, which was given to the Rules by the University on the basis of which all students were adjudged. There was nothing wrong in the University adopting the same interpretation in the case of the appellant. The appellant cannot succeed merely on the strength of what is provided in Rule 10. There has to be harmonious construction of the Rules of Examination and, as noticed by us above, Rule 10 is in negative form . To pass a course does not imply that the candidate has passed the examination. When a candidate has or has not passed an examination, one has to look into Rule 7 also, which in positive terms provide that a candidate shall obtain at least 'D' grade in each course in order to pass either of the examinations referred to in Clauses 2 to 5.

11. We thus find no force in the appeal, which is hereby dismissed.