MAHENDRA PRASAD TRIPATHI Vs. VICECHANCELLOR ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) The special appeal is directed against the Judgment and order dated 8.3.2000 of a learned single Judge by which Writ Petition No. 51130 of 1999 filed by the appellant was disposed of with certain directions.

(2.) The case of the appellant in the writ petition was that he passed M.A. (Previous) examination in English subject from Allahabad University and in the mark-sheet Issued to him on 24.10.1997 he was shown to have secured 257 marks out of 600 marks. Thereafter, he took admission in M.A. (Final) class and deposited the fee. etc. He filled in the form for M.A, (Final) examination and the university issued him an admit card bearing roll No. 2537. He appeared in the back-paper examination of Ist paper of M.A. (Final) examination on 22.2.1999 after depositing the fee of Rs. 153. The result of M.A. (Final) was declared in first week of June, 1999. but the appellant's result was not declared. He moved several applications for declaration of result and issuing him the mark-sheet but no action was taken. Consequently, he filed Writ Petition No. 39920 of 1999 praying that a writ of mandamus be issued directing the university to declare his result and Issue him the mark-sheet of M.A. (Final) examination. The writ petition was disposed of on 20.9.1999 with a direction to the Controller of Examination of Allahabad University, to consider the appellant's representation and communicate the decision by a reasoned order. The Controller of Examination thereafter communicated the decision of 11.11.1999 of the Examination Committee of the University that his result of M.A. (Final) examination cannot be declared as he had failed in M.A. (Previous) examination. It was further mentioned that on account of mistake, a wrong mark-sheet of M.A. (Previous) had been Issued to him and subsequently he was informed by registered post to return the said mark-sheet. It was also mentioned that on sympathetic consideration, he was allowed to appear in M.A. (Final) examination but as he did not return the mark-sheet, his examination of M.A. (Previous) had been cancelled.

(3.) The appellant then filed Writ Petition No. 51130 of 1999, which has given rise to the present appeal, praying that the order dated 11.11.1999 be quashed and a writ of mandamus be Issued commanding the respondents to Issue the mark-sheet of M.A. (Final) examination and declare the result. The writ petition was disposed of by the learned single Judge on 8.3.2000 with the following directions :