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2002 DIGILAW 839 (PAT)

Upendra Kumar v. Manoj Kumar,Magadh University

2002-08-02

SHASHANK KR.SINGH

body2002
Judgment 1. It appears that two students have moved this court for similar relief but as the students are two and separate reliefs are to be granted and only one court fee has been deposited let another set of court fee be deposited positively by tomorrow. 2. This order is being passed on consequentially removing the defect as stated above. It appears that both the petitioners had been allowed to appear in B.Sc. Part- Ill Chemistry (Hons.) examination for the year 1998 though they had not cleared their paper in part-Ill examination at that time. 3. The contention of the petitioners is that when Part-ll examination was held both the petitioners have cleared the papers of Part-ll. As such, the respondent authority may be directed to publish their result and issue their marks sheet. 4. In support of his contention, learned counsel for the petitioners has placed reliance upon an order of this court dated 20.6.2001 passed in C.W.J.C. No. 5848 of 2001, by which this court in a similar matter taking equity in favour of the petitioner had directed to publish his result. 5. Learned counsel appearing on behalf of the University, on the other hand, has stated that though there is provision in the statute for promoting a person from Part-ll to Part-Ill even without clearing all the papers but they are eligible to appear in the examination only if they clear the remaining papers of Part-ll. According to him admittedly in the present case when the petitioners were appearing in Part-Ill examination they had not cleared all the papers of Part-ll examination. As such, their result has rightly been withheld. 6. Be that as it may today when this matter is under consideration it is a fact that the petitioners have been allowed by the authorities of the University to appear in Part-Ill examination. The submission of the counsel is that now today the petitioners have already cleared all the papers of Part-ll in which they had not cleared earlier and the Admit Card has been brought on record to show that they had sat in Part-Ill examination. 7. The submission of the counsel is that now today the petitioners have already cleared all the papers of Part-ll in which they had not cleared earlier and the Admit Card has been brought on record to show that they had sat in Part-Ill examination. 7. If the aforesaid fact is true the same is squarely covered by the order of this court dated 20.6.2001 passed in C.W.J.C. No. 5848/2001 and as now the equity weighs in favour of the petitioners they should not be allowed to suffer for even mistake which is not entirely on their part. If the petitioners have cleared Part-Ill examination it would not be proper to compel them to again sit in the said examination. 8. In view of the same, this court directs the University to publish the result of the petitioners of their B.Sc. Part-Ill Chemistry (Hons) Examination. However, it is made clear that this order is even on the assumption that the petitioners had cleared their papers of Part-ll course, which had not been cleared earlier and had appeared in Part-Ill Examination provided the petitioners are the genuine candidates. 9. With the aforesaid observations/directions, this writ application is disposed of.