PRAVESH KUMAR DUBEY Vs. UNIVERSITY OF KANPUR

JUDGEMENT

(1.) PETITIONER as a regular student of Janta Mahavidvalaya Ajitmal, Etwah, appeared in B. Sc. Part I examination of 1988, conducted by the Kanpur University in which he was declared successful and was issued mark sheet by the University showing him as passed. On the basis of that mark sheet, the petitioner was given admission in B. Sc. Part II in the same college and in the year 1989 he appeard in B Sc. Part II examination. But the petitioner's result of B. Sc. Part II was not declared by the University on the ground that he has not passed B. Sc. Part I examination and was erroneously declared, passed on account of wrong mark sheet issued inadvertently by the University. Thereupon the petitioner made representation before the Registrar for permission to appear in the subject of B. Sc. Part I in which he has failed and also sent reminders in this connection; but no reply was . received by him from the University authorities. Thereafter, the petitioner has filed this writ petition for declaration of his result of B. Sc. Part II examination and for quashing the order, if any, withholding his result of B. Sc. Part II examination.

(2.) AFTER the counter and rejoinder affidavits were exchanged by the parties, the petitioner moved an application before this court for permission to appear in B. Sc. Part III examination scheduled to commence from 21-6- 1990. As this matter could not be disposed of before vacation, this court on 26-5-1990 gave liberty to the learned counsel for the petitioner to approach the vacation Judge for appropriate relief. Petitioner's application for interim relief, as such, has came up before me. I heard learned counsel for the parties on 6-6-1990 on which date the case was adjourned for 8-6-1990, as the counsel for both the parties requested for disposal of the writ petition itself on 8-6-1990. I heard learned counsel again on 8-6-1990 and the writ petition is being disposed of in accordance with the rules of the Court.

(3.) IN Sanatan Gauda v. Berhampur University, JT 1990 (2) 57, University withheld the result of a student of pre law and INter Law examinations on the ground that he secured less than minimum marks in M. A. and was, as such, not elegible for admission to the Law course. Honourable Supreme Court held that student was admitted to Law course on the basis of the mark sheet issued by the University and the student cannot be punished for the negligence of the University authorities. The relevant extract from the judgment is quoted below :