MAYANK SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this writ petition, the petitioner prays for the following reliefs :

(2.) Learned counsel for the petitioner would submit that the petitioner appeared in the BBA examination for the semester of 2018-19 wherein initially the results were declared on 02.04.2019 and the petitioner was declared fail in three subjects. Subsequently, the petitioner appeared as an ex-regular student in all the subject and he failed in Business Mathematics, 1 paper, out of 5 papers and his result was declared as ATKT 1st Chance. This first result was declared on 13.03.2020. Since the result declared as ATKT 1st Chance as such he was promoted to the II-Semester and the II- Semester results were declared on 06.10.2020 wherein he was declared pass. However, when he wanted to obtain the result, the same was denied on the ground that the promotion of the petitioner to the II-Semester was not permissible according to the Ordinance-91 as in the second examination he was not entitled to get the status of ATKT. Consequently, the result of IISemester was bad. The counsel would submit under the circumstances, had there been the correct expression of result would have been made, the petitioner would have switched over to some other stream and would not have wasted a year. It is stated because of negligence of respondent No.2, the petitioner was forced to lose an academic year.

(3.) Per contra, learned counsel for the respondent University would submit as per the Ordinance 91, the petitioner was not entitled to appear as ATKT (Supplementary) as supplementary can only be obtained when the student do not procure the number in two subjects whereas the petitioner herein failed in three subjects. Consequently, the marking of the result as ATKT 1st Chance was wrongly made in Annexure P-3, i.e. the result declared for the first semester. He submits that Annexure P-6 which is the result of IISemester no examination was held and general promotion was made and no substantial loss thereby was caused to the petitioner.