In Prince Namdev v. State Of U.P., the petitioner through his counsel Awadhesh Prasad has contended that he was not allowed to appear for the examination in the respondent university as his attendance was 38% and not the minimum set by the university which was 80% but that was not the point of his contention. He submits that one Prateek Singh with 30% attendance was permitted to appear in the examination having attendance less than him.
The Court was of the view that one illegality cannot become the basis for another illegality. An individual has to succeed on the footing of his own rights and cannot base his claim on an illegality committed by an authority to favour other person. Accordingly, the the petition was dismissed.
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