NAVIN PRAKASH SRIVASTAVA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) THE petitioner appeared in his B.A. Part I Examination of 1988 of Allahabad University and was declared successful. The mark -sheet was issued on 5 -4 -1989. In 1989, the petitioner appeared in B.A. Part II Examination, but was unsuccessful. He again filled the form as an Ex -student for the B.A. Part II Examination 1990. The University authorities received the requisite fee and allowed the petitioner to appear in the Examination by issuing an Admit Card. The University declared the result in newspaper, in which it was shown that the "candidature of the candidate does not exist." Aggrieved by this action of the University, this petition under Article 226 of the Constitution of India has been moved, praying for issue of a mandamus to the University to declare the result of the petitioner of B.A. Part II, to issue mark -sheet and take effective steps on the representation of the petitioner. The petitioner has alleged that after his result was not declared he made representations to the University Authorities. The last representation was dated 4 -12 -1990, but the same has not been disposed of as yet.

(2.) COUNTER and rejoinder -affidavits have been exchanged. The University has produced the file before me for perusal. Hence, according to the Rules of the Court, the writ petition is being disposed of at the admission stage as all the relevant material are before me.

(3.) LEARNED counsel for the petitioner has cited three case laws in support of his contention that as the petitioner was permitted by the University Authorities, to appear in regular Examination of 1990 as Ex -student, then they are debarred by the principle of promissory estoppel from cancelling the candidature and with holding his result.