PANJAB UNIVERSITY Vs. T P RAHAMATULLAH

JUDGEMENT

(1.) Delay condoned.

(2.) Special leave granted.

(3.) T. P. Rahamatullah, Respondent 1 in the appeal herein, was a B. Sc. Part III student in the government College, Portblair, Andaman and Nicobar Islands. He was stated to be short of lectures and had not complied with the condition regarding the passing of the house test. The principal of the college allowed the respondent to sit in the B. Sc. Part III examination held in April 1986 provisionally, at his own risk and responsibility, subject to the approval of the Panjab University to which the college was affiliated. At the suggestion of the Principal, the University agreed to permit the respondent to take the examination provisionally. The Panjab University, however, declined to relax the condition of passing the house test and the attendance of lectures. As a consequence, the result of the B. Sc. Part III examination in respect of the respondent was cancelled by the University by the notification dated 4/1 1/1986. The Principal, government College, Portblair by a letter dated 30/8/1989 informed the University that on re-examination it was found that the respondent was not short of lectures but was only deficient in the passing of the house test. The Principal recommended the case of the respondent for grant of relaxation in respect of the passing of the house test. The Vice-Chancellor, Panjab University, constituted a special committee which met on 4/12/1989. The committee accepted the recommendation of the Principal and relaxed the condition of passing the house test. The University, as a consequence, declared the B. Sc. Part III result of the respondent by a notification dated 17-1-1990. The respondent was declared pass with compartment in the subject of Chemistry. He was given a chance to qualify the subject of Chemistry by taking the examination which was to be held in the year 1990. The respondent did not avail the chance and instead applied for re-evaluation of the paper in the subject of Chemistry in which he was placed under compartment. The University informed the respondent that the answer books relating to the examinations held in the year 1986 were destroyed two years thereafter and as such it was not possible to re-evaluate any paper pertaining to the examinations held in that year.