KU. SAPNA MITTAL Vs. GURU GHASIDAS UNIVERSITY

JUDGEMENT

(1.) BY this petition, the Petitioner seeks a writ of mandamus directing the Respondent-University to issue a fresh mark-sheet as per the previous prospectus and declare the Petitioner pass in the M.Com (Previous) examination held in March-April, 2007.

(2.) THE facts, in nutshell, as projected by the Petitioner, are that the Petitioner was the regular student of M.Com (Previous) of the college-Respondent No. 4. THE Petitioner submitted her examination form and the internal assessment was held as per the schedule of the University in the month of February, 2007. THE time table of M.Com (Previous) for the academic session 2006-2007 (Annexure P/2) was declared and the examination started from 13th of March, 2007, and ended on the 17th April, 2007. THEreafter, the result was declared on the 16th June, 2007 (Annexure P/3), wherein the Petitioner found that she had failed in the internal assessment of the subject Corporate Financial Accounting securing 9 marks out of 3 0. THE Petitioner wrote a letter to the Respondent-University for correction of her mark-sheet and declaring her as 'pass'. THE said letter was replied vide communication dated 5th July, 2008 (Annexure P/1) by the Respondent-University denying any corrections in the mark-sheet.

(3.) PER contra, Shri Ashish Shrivastava, learned Counsel appearing for the Respondents 1 to 3, would submit that the petition deserves to be dismissed on the ground that it has been filed with an inordinate and unexplained delay, as the amendment with regard to minimum qualifying marks in every paper of every subject including the internal assessment from 20% to 36% was notified on 15th March, 2007 by the University and was communicated to all the concerned affiliated colleges.