High Court · 2009

3. d Regulation 15 may be extracted hereinbelow for ready reference :- (cid:28)Regulation 14 : first due examination shall have to pass in that examination within the period o f holding the next 3 consecutive examinations. Regulation 15 : A candidate shall be required to clear his/her LL.B. degree with in 6 years from the date of his/her first due examination in LL.B. Preliminary, provided that a student shall be allowed to appear in not more than three chance s in each part the LL.B. Examinations. A candidate who fails to pass or fails to appear in the

4. By Regulation 14 as noted above, a candidate who fails to pass or fails to appear in the first due examination is required to pass in the said examinati on within a period of holding of the next 3 consecutive examinations. Similarly under Regulation 15, a candidate is required to clear the LL.B . Degree within 6 years from the date of first due Preliminary LL.B. Examination . It is provided further under Regulation 15 that maximum 3 chances are availabl e to each student to clear each part of the LL.B. Examination.

5. The LL.B. students are however granted a special chance (4th chance) by the Gauhati University Notification dated 27.9.07, to clear any 2 of the 3 LL.B. Examinations (i.e. Preliminary, Intermediate or Final) and because of the notif ication 29.9.07 a student can avail of a special 4th chance, to clear 2 of the 3 LL.B. Examinations, beyond the 3 chances permissible under Regulation 15.

6. In the present case, the petitioner took admission in the LL.B. Course in the year 2001 and accordingly was due to sit in the Preliminary LL.B. Examina tion in 2002. Accordingly the petitioner was required to clear the entire LL.B. Degree within 6 years from the due date of the Preliminary Examination (2002) an d as such the candidate had to clear the Final LL.B. Examination within the oute r limit of the year 2008.

7. the LL.B. Course in the Gauhati University. The following chart would indicate how the petitioner progressed during Examination emarks Preliminary Intermediate icable Final iled) 1st Due Exam & Remarks 2nd Due Exam & Remarks 3rd Due Exam & R 4th Due (Special) Exam & Remarks 2002 (Failed) 2003 (Passed) Not applicable Not applicable 2003 (Did not appear 2004 (Passed) Not applicable Not appl 2004 (Could not appear) 2005 (Failed) 2006 (Failed) 2007 (Fa From the above chart it is clear that the petitioner has availed of only 3 chances of the 4 maximum permissible, to clear the LL.B. Final Examination. T he petitioner had time till the year 2008 to avail of the said 4 chances.

8. On reading of the provisions of Regulation 14 & 15 read with the Notific ation dated 27.9.07 issued by the Gauhati University, it is apparent that not mo re than 4 chances including one special chance is available for each candidate t o clear the 3 LL.B. Examinations. The learned counsel for the petitioner contend s that a candidate should not be understood to have availed of a chance, when ab sence in the examination is on account of reasons beyond the control of the peti tioner, such as a medical contingency, as was the situation in the instant case.

9. In support of this contention, the learned counsel relies upon the unrep orted decision of this Court rendered on 13.12.2007 in W.P.(C) 6019/07 (Sanowar Hussain vs. Gauhati University and others) Interpreting the provisions of Regulation 14, the learned Single Judge o f this Court has held that the expression (cid:28) a candidate who fails to appear (cid:29) occ urring in Regulation 14, means a candidate who voluntarily fails to appear and n ot a candidate (cid:28)who could not appear for reasons beyond his control (cid:29). However th e learned Court had held that the outer limit for passing the LL.B. Examination is 6 years from the date of the first due Preliminary Examination. As the petitioner because of medical reasons failed to appear in the Fin 10. al LL.B. Examination for the year 2004, and having regard to the law laid down b y this Court in Sanowar Hussain vs. Gauhati University and other, I am of the vi ew that the petitioner was entitled to avail of one more chance in the year 2008 to clear the LL.B. Final Examination.

11. This Court by interim order passed on 19.11.2008 has permitted the petit ioner to fill up the forms for the LL.B. Final Examination held w.e.f. 23.1.09 a nd to take part in the said examination. The learned counsel for the petitioner submits that on the strength of the interim order of this court, the petitioner availed of a 4th chance to clear the LL.B. Final Examination. Since this Court has declared that the petitioner was entitled to a 4th 12. (special) chance to clear the LL.B. Final Examination and considering the fact t hat such a chance has already been availed of by the petitioner on the strength of the interim order passed by this Court on 19.11.2008, this writ petition is d isposed of by directing the University authorities to declare the result of the said LL.B. Final Examination of the writ petitioner.

13. The writ petition stands allowed accordingly.