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1998 DIGILAW 298 (ORI)

SAMREETI SWAIN v. UTKAL UNIVERSITY

1998-08-28

R.K.PATRA, S.C.DATTA

body1998
R. K. PATRA, J. ( 1 ) THE petitioner in this writ application seeks for a direction to the Utkal University-opposite party No. 1 to declare her rank/position in Bachelor of Arts (Sociology Honours) of three year degree course examination, 1992 as first class First with distinction. ( 2 ) THE case of the petitioner is that she took admission in the three year degree course of Bachelor of Arts (Sociology Honours) in Ravenshaw College, Cuttack in the year 1989. The aforesaid course is a three-year integrated course comprising of examinations at two stage i. e. pre-degree and final degree examinations. She completed the said course by passing the two examinations with roll number 1804c89018. According to the petitioner, the final degree examination is not a separate examination but it is integrated with the pre-degree examination. This is apparent from the fact that the Honours papers in pre-degree are known as Papers-I, II, III and IV and in the final degree as V, VI, VII and VIII. As per the practice in the Utkal University, the result of both the parts, namely, pre-degree and final degree (Honours examination) are to be taken into consideration to declare the rank or position of the examinee. To her surprise, without combining the marks of both the examinations, the Opp. Party No. 1 illegally declared the result basing on the result of the final degree examination on account of which she was deprived of setting her position/rank where as opposite parties 2 and 3 who are not entitled to get declaration as first class 'first' and first class 'second' respectively wrongly got that declaration. ( 3 ) IN the counter affidavit filed on behalf of the Utkal University-Opp. Party No. 1 it has been pleaded that the plus three degree course comprises of two examinations i. e. (i) pre-degree examination, and (ii) final degree examination. A candidate is required to pass both the examinations separately and independently and the final result is published only when he/she clears both the examinations. The merit list is prepared only of the examinees of Honours stream. The petitioner having been submitted during the academic session 1989-90, declaration of her result is governed by regulation 12 (a) of Chapter-LIII as amended vide correction slip No. 964 which provides that classes will be awarded in both pre-degree and final degree examination separately. The merit list is prepared only of the examinees of Honours stream. The petitioner having been submitted during the academic session 1989-90, declaration of her result is governed by regulation 12 (a) of Chapter-LIII as amended vide correction slip No. 964 which provides that classes will be awarded in both pre-degree and final degree examination separately. In view of the aforesaid provision, no exception can be taken for publication of result and awarding of rank on the basis of the marks obtained in the final degree examination. The University hasalso filed further affidavit on 25-2-1997 reiterating the same position and explaining the meaning of different correction slips is used from time to time. ( 4 ) ON consideration of the submissions of the counsel for the parties and on perusal of the pleadings, it appears that regulation 12 (a) of Chapter-LIII as corrected vide correction slip No. 964 was substituted by correction slip No. 1054 which is as follows :"12 (A) Classes will be awarded in both Pre-Degree and Final Examinations taken together. The details are shown in the following tables : (Given effect to by the Vice-Chancellor from 1991-92 session onwards to appear pre-Degree Examination in 1993 and Final Degree Examination in 1994 ). "this was followed by another correction slip No. 1078 which is extracted hereunder :"correction Slip No. 1078in Regulation - 12 (a) of Chapter-LIII after the first sentence the following be inserted. "the overall performance shall be shown in the Diploma taking into account the combined marks of Pre-Degree and Final Examination". This amendment will be given effect to for the Final Examinations of 1991 and 1992". (Emphasis supplied) ( 5 ) THE petitioner took her admission into three year degree course during the session 1989-90. She completed the course in the year 1992 and took the examination in the same year. In view of the aforesaid admitted position, the petitioner's result is required to be published as per the correction slip No. 1078 which clearly states that the said amendment will be given effect to for the final examinations of 1991 and 1992. She completed the course in the year 1992 and took the examination in the same year. In view of the aforesaid admitted position, the petitioner's result is required to be published as per the correction slip No. 1078 which clearly states that the said amendment will be given effect to for the final examinations of 1991 and 1992. As the aforesaid correction slip No. 1078 requires that the overall performance shall be shown taking into account the combined marks of pre-degree and final examination, the opposite party No. 1 is directed to publish and announce the ranking of the petitioner in the Bachelor of Arts (Sociology Honours) of the three year degree course examination, 1992 by taking into account her combined marks of pre-degree and final examination within a period of one month of the date of receipt of this order. The records of the University may accordingly be corrected within the time stipulated above. This is without disturbing the gold medal or any other medal awarded to opposite parties 2 and 3. ( 6 ) THE writ application is allowed. There would be no order as to costs. ( 7 ) S. C. DATTA : -. I agree. .