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2002 DIGILAW 958 (PAT)

Tanzar Aftab v. State Of Bihar

2002-09-02

CHANDRAMAULI KR.PRASAD

body2002
Judgment 1. In this writ application, prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondent University to publish the result of B.Sc. Part III examination. Alternatively, the prayer made by the petitioner is to direct the respondent University to allow him to appear in the Hindi composition subject for non-Hindi students of B.Sc. Part-l course and on petitioner passing in the said subject, publish the result. 2. Shorn of unnecessary details, facts giving rise to the present application, are that the petitioner appeared in B.Sc. Part-l (Hons) examination 1997 in Electronics from Magadh University, Bodh Gaya. Although he had obtained only 11 marks (Annexure-1) in the subject of Hindi composition for non-Hindi students but was declared to have passed in the said examination. Thereafter, he appeared in B.Sc. Part-ll examination 1988 and was promoted to B.Sc. Part-Ill course on the ground that he had not obtained pass marks in his subsidiary subject i.e. mathematics. He later on appeared in his mathematics paper and declared pass (Annexure-4). Thereafter, the petitioner appeared in B.Sc. Part- Ill (Hons) examination but his result has been withheld on the ground that in Hindi composition for non-Hindi students of B.Sc. Part-I examination, he had failed. It is the stand of the petitioner that he intended to appear in Hindi composition subject for non-Hindi students of B.Sc. Part-I but he is not being allowed to appear in the said paper and he has been asked to appear in all the papers of all the examinations right from B.Sc. Part-I. 3. The matter was taken up on 25.7.2002 and at the request of counsel for the respondent University, two weeks time was granted to file counter affidavit. Thereafter, the matter was taken up on 28.8.2002 and again at. the request of the counsel for the University, two weeks time was granted but no counter affidavit has been filed. In the absence thereof, the assertion made by the petitioner in the writ application has to be accepted. 4. From that, it is evident that the petitioner has been declared passed in B.Sc. Part-I examination. Thereafter, he was promoted to B.Sc. Part-Ill and thereafter declared to have been passed B.Sc. Part-ll examination. The petitioner then appeared in B.Sc. In the absence thereof, the assertion made by the petitioner in the writ application has to be accepted. 4. From that, it is evident that the petitioner has been declared passed in B.Sc. Part-I examination. Thereafter, he was promoted to B.Sc. Part-Ill and thereafter declared to have been passed B.Sc. Part-ll examination. The petitioner then appeared in B.Sc. Part-Ill examination and his result has been withheld on the ground that he has not cleared the subject to Hindi composition for non-Hindi students of B.Sc. Part-I. Further the petitioner is not being allowed to appear in the said paper and is being asked to appear in all the examinations right from B.Sc. Part-I. 5. In fairness to Mr. Khan, learned counsel appearing on behalf of the petitioner, he concedes that in terms of the regulation of the University, petitioner ought not to have been declared passed in B.Sc. Part-I rather he should have been declared to have been promoted but the mark-sheet (Annexure-1) clearly shows that he had passed B.Sc. Part-I examination. He submits that the petitioner having once allowed to appear in B.Sc. Part-Ill (Hons) examination, it shall be inequitable to withhold his result on the ground that he has not passed in the Hindi composition subject of B.Sc. Part-I. 6. Mr. Sinha, however, appearing on behalf of the respondent University submits that as the petitioner has not passed in Hindi composition subject of B.Sc. Part- I, respondent University has no option than to withhold his result. 7. Having given my most anxious consideration to the rival submissions, l am of the opinion that the equity is in favour of the petitioner. Petitioner appeared in B.Sc. Part-Ill (Hons.) examination without any objection by the University and onlyat the time of publication of the result, the question arose as to whether the petitioner was eligible to appear in B.Sc. Part- Ill examination. In case the plea of the respondent University is accepted, the petitioner will have to appear in all the papers of all the examinations right from B.Sc. Part-I. In my opinion same would be highly unequitable. In a situation like this, equity demands that the petitioner be allowed to appear in the subject of Hindi composition for non-Hindi students of B.Sc. Part-I in the ensuing examination and in case, he passes in the said subject, his result for B.Sc.Part-Ill be published. 8. Part-I. In my opinion same would be highly unequitable. In a situation like this, equity demands that the petitioner be allowed to appear in the subject of Hindi composition for non-Hindi students of B.Sc. Part-I in the ensuing examination and in case, he passes in the said subject, his result for B.Sc.Part-Ill be published. 8. During the course of hearing, a feeble attempt was made by the counsel for the petitioner for declaring his result without asking him to pass in Hindi composition examination of B.Sc. Part-I. I am not inclined to accept this submission of the learned counsel for the petitioner. In case, I direct for publishing the result of B.Sc. Part-Ill (Hons.) examination, it would result into an absurd situation, i.e. a student who had not passed the B.Sc. Part-I examination, shall be declared to have passed B.Sc. Part-Ill examination. While balancing equity this has to be avoided. The view which I have taken finds support from an order of this Court dated 5.8.2002 passed in C.W.J.C. No. 7203 of 2002. (reported in 2002 (4)PLJR 10 ). 9. In the facts of the present case, I do hereby direct the respondent University to permit the petitioner to appear in Hindi composition for non-Hindi students of B.Sc. Part-I in the ensuing examination once and in case, he passes in the said subject, publish the result of B.Sc. Part-Ill (Hons.). 10. The writ application stands allowed in the aforesaid terms.