N E KRISHNA MURTHY Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) By consent of learned counsel, these writ petitions are treated as having been posted for hearing and I have heard them.

(2.) In the academic year 1987-88, Acharya Tulasi National College of Commerce, Shimoga ("the College"), had affiliation from the University of Mysore ("the University"). 64 students, who had, during that academic year, completed their final year B.Com., Course from the College, took the final year B. Com, Examination held by the University in the month of April 1988. Results of that examination pertaining to the said students, were announced by the University on 30-6-1988 by means of a Provisional List. However, a correction slip was issued by the University on 17-9-1988 respecting the results which had been announced on 30-6-1988. The correction slip so issued brought about several changes in the earlier results. In fact, 16 students, whose earlier results showed that they had successfully passed the final year B.Com., Examination, were declared 'failed' under the correction slip. The Correction Slip issued by the University being forwarded to the College, the latter was directed by the University to obtain from the students, whose results had been affected by that correction slip, 'Statement of Marks' issued to each of them and direct such of those who were declared 'failed' under the correction slip to take the examination to be held for them by the University in October 1988. Intimations were accordingly issued by the College to the affected students.

(3.) Petitioner in Writ Petition No.14745/1988 received the intimation dated 26-9-1988 (Annexure-B) showing therein that he had failed in the subject 'Cost Accounts'. In his writ petition filed in this Court on 11-10-1989, he has not merely questioned the sustainability of the aforementioned correction slip and the intimation, but has, as well, sought for their nullification. According to him, the University, which announced the result of his examination declaring that he had passed in that examination, should not have declared him 'failed' by a correction slip issued subsequently, when, by reason of its earlier announcement, he has joined the M.Com., Course in a post-graduate Institution of the Shivaji University of Maharashtra and was prosecuting his studies, at considerable cost, ignoring the principle of equitable estoppel which operated against it. That writ petition when came up for preliminary hearing on 13-10-1988 before this Court, while the standing counsel for the University was directed to take notice of the writ petition, an interim order was made thus: