CONTROLLER OF EXAMINATIONS Vs. GEETHA RANI

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge in O.P. No. 3478 of 1983 by the Controller of Examinations, University of Calicut. The respondent, Geetha Rani, was regarded as having passed the Pre degree examination and on that basis she was admitted to the First year of the B. A. Degree course in 1982. When her application for taking the First Year B.A. Degree course was sent to the University, the Controller of Examinations took the view that she was not eligible for admission to the First year Degree course. On that basis, she was not given permission to take the examination. It is at that stage the respondent approached this Court in O.P.No. 3478 of 1983 and on the strength of the interim orders made during the pendency of the writ petition, she took not only the First Year Degree Examination, but the Second Year and Third Year Examinations. The results were however directed not to be published subject to the final result of the writ petition.

(2.) The Pre Degree Examination is regulated by the Regulations and Scheme of Examination for the Pre Degree course introduced from 1979 to 1980. The relevant regulations that govern the Pre Degree examination are Regulation.9 and 10, which may be extracted as follows:

(3.) We are informed that she took another examination in Economics in April, 1983 at which she has secured 74 marks, that is more than 40 per cent of the marks in that subject as well. Hence it is clear that at least by April, 1983 even according to the stand taken by the appellant, she has to be regarded as having satisfactorily passed the Pre Degree examination. It is in this background that the appellant submits that the University has no objection for the withheld examination results of the I, II and III year B.A. Degree course being announced. This stand taken by the appellant would fully satisfy the respondent.