THAKOR SUMIT S Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) Both these petitions are based on almost identical facts and involve common questions and, therefore, I propose to decide these two petitions by this common judgment and order.

(2.) Both the petitioners were students of 2nd Year B.Sc. studying in K.K.Shah Jarodwala Maninagar Science College, which is a college affiliated to Gujarat University. The examination of 2nd year B.Sc. is not a University examination but a local examination held at College level. Both the petitioners had appeared in the 2nd year B.Sc. examination held in March 1999. The petitioner in Special Civil Application No.4150/99 has submitted in para 4 that he actually appeared in 2nd year B.Sc. examination, which was conducted in March 1998 as a regular student, but he could not clear the subjects of Chemistry and English and then it has been submitted that the petitioner was required to give examination for all the subjects of 2nd year B.Sc. course except in Chemistry and Botany practical. He appeared in the 2nd year B.Sc. examination held from 18.3.99 to 30.3.99 with seat No.296. Apparently there is self contradiction in these averments made by the petitioner in para 4. The factual position, as stated by the learned counsel at the time of arguments under instructions from his client, is that he had appeared in all the theory papers and did not appear in Chemistry practical and Botany practical. The case of this petitioner namely, Thakor Sumit S. as stated in para 5 of the petition, is that the result of the said examination was displayed on the Notice Board on 7.5.99 and he was declared to be successful and that his name appeared in the list of successful students in the category of students, who had obtained more than 500 marks in the said examination and thus he was declared successful in this examination of March 1999. It is also the case of the petitioner Thakor Sumit S. that the petitioner had been issued a marksheet on 24.5.99 but there was a mistake in the said marksheet, which came to the notice of the petitioner inasmuch as the petitioner was shown to have obtained "A.T.K.T." and whereas the petitioner had been declared successful in the said Examination, there was no question of "A.T.K.T." and, therefore, to rectify this mistake the petitioner immediately approached the officer of the respondent No.2 i.e. concerned College, who took the marksheet from the petitioner and the petitioner was informed that said marksheet will be rectified and the petitioner was called after 2 days to collect the rectified marksheet. This petitioner also goes on to state that when he approached the respondent No.2 to collect the rectified marksheet after 2 days, the petitioner was informed that since the examination was going on in full swing, the officers did not get time enough to verify the marksheet and to issue new marksheet to the petitioner. While the petitioner was waiting for the rectified marksheet, to his shock and surprise he received an order dt.4.6.99 by Registered Post A.D. from the College declaring that the result of the petitioner alongwith two other students, who had appeared in 2nd Year B.Sc. examination, has been cancelled and the petitioner is declared to have failed in the 2nd year B.Sc.examination. The ground on which the examination has been cancelled vide order dt.4.6.99 is that the petitioner and two other students have adopted unfair means. It is submitted that the petitioner alongwith his father approached the College authorities and they were given a curt reply that whatever has been done has been done properly and now there was no chance for change even if the petitioner approaches the Registrar or the Chancellor of the University.

(3.) The petitioner in Special Civil Application No.4478/99 has come with the case that he had appeared and given examination of all theory papers and one examination in practical for 2nd year of B.Sc. This petitioner, namely, Brahmbhatt Viral Arvindbhai, claims that in the result of his 2nd year B.Sc. examination, which was declared and as was affixed on the Notice Board of the College on 7.5.99, he was given 'A.T.K.T." as he was yet to pass the practical examination of 2nd year B.Sc. He goes on to say that after three-four days the computerised result of the 2nd year B.Sc.Examination, which was affixed on the notice board, was taken away and when the petitioner went to get the admission in the 3rd year of B.Sc. the respondent College refused to give admission to him without assigning any reasons. He then received the Registered Post A.D.letter from the college to the effect that marks given to the petitioner in the annual examination for the 2nd year B.Sc. were cancelled and the petitioner was declared fail since he was involved in mal practices. The grievance has been raised that his examination has been cancelled without any inquiry and without giving him any opportunity to explain the case against him.