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2019 DIGILAW 155 (SC)

Bandana Kumari v. Patna University

2019-01-11

D.Y.CHANDRACHUD, HEMANT GUPTA

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ORDER 1. Leave granted. 2. The appellant was a student of the Master of Arts Programme in Womens' Studies (MAWS) at Patna University. 3. She appeared for the fourth paper of the third semester examination on 9 April 2014. 4. It was alleged that the appellant assisted another student who was taking the exam. On enquiry, she denied the allegation of the use of unfair means. 5. Pending the enquiry into the use of unfair means, on 12 July 2014, the appellant was allowed provisionally to appear for the fourth semester examination by the Vice-Chancellor. 6. Following the cancellation of her performance in the disputed paper of the third semester, the appellant appeared for that paper again on 9 December 2014 and passed. 7. Eventually the decision of the Unfair Means Committee was communicated on 3 July 2015 as a result of which, the appellant was declared to be eligible for appearing in December 2015 and her performance in the earlier examination was cancelled. 8. The appellant instituted writ proceedings before the High Court. The learned Single Judge allowed the writ petition and directed the publication of the result of the appellant. 9. The University filed a Letters Patent Appeal which was allowed by the Division Bench. 10. The Division Bench has held that in view of the decision of the Unfair Means Committee, the result of the fourth semester examination could not be declared. 11. Well over four years have elapsed since the decision of the Unfair Means Commitee. It is not in dispute that the appellant has appeared for the fourth paper of the third semester afresh in the month of December, 2014 and has passed. 12. In pursuance of the permission which was granted by the vice- Chancellor, she has also appeared for the fourth semester. The non-declaration of her result over the period of the previous four years has sufficiently penalised the appellant. 13. In this view of the matter and in view of the facts and circumstances which have been noted above, we direct the University to now release the result of the appellant for the fourth semester examination for the Master of Arts (Womens' Studies) course. 14. The appeal is accordingly, disposed of. No costs. Pending application(s), if any, shall stand disposed of.