BUNDELKHAND UNIVERSITY Vs. LAXMI NARAIN YADAVA

JUDGEMENT

(1.) THIS is a defendant's second appeal arising out of a suit for a mandatory injunction directing the defendant to declare the result of the plaintiff's examination in B. Sc. Part II held by the Bundhelkhand University.

(2.) SHORTLY stated, the plaint case was that the plaintiff was a regular student of B. Sc. part II (M) Section in the Bipin Behari Degree College Jhansi in the year 1978-79. He appeared at the Special Final Examination of B. Sc. Part II in the year 1979. The said college is affiliated to Bundhelkhand University, Jhansi and it is the examining body. According to the information received by the plaintiff he had duly passed the aforesaid Special Final Examination of B. Sc. Part II but his result had been withheld allegedly on the ground that the petitioner had procured his admission to the final B. Sc. Part II examination on the bask of a forged mark-sheet which he had obtained in collusion with some clerk of the defendant University, according to which mark-sheet the plaintiff had passed B. Sc. Part I examination when, in fact, he had failed at that examination. The plaintiff had, however, duly passed the B. Sc. Part I examination, as a result of the revised marksheet which was issued to him upon re-evaluation of his marks in the subject of Chemistry. In the first instance the plaintiff had been declared to have failed at the B. Sc. Part I examination held in 1979. However, the plaintiff applied for reevaluation of his papers in Chemistry as a consequence of which he was declared to have passed the said examination. In addition to applying for reevaluation of his papers in Chemistry, the plaintiff had also submitted the form for B. Sc. Part I of 1979 examination as an ex-student by way of abundant caution so that in the event of his not succeeding even as a result of re-evaluation he might take another chance at the B. Sc. Part I examination of 1979. However, in the meantime the plaintiff's papers were re-evalued and he was declared to have passed both in the theory as well as the practical of Chemistry. The Plaintiff was issued a revised marksheet, according to which he had passed the B. Sc. Part I examination. On the strength of the said mark-sheet the plaintiff was duly admitted to the B. Sc. Part II class as well as at the Special Final Examination of B. Sc. Part II. The defendant was under these circumstances estopped from challenging the correctness of the revised mark-sheet as well as from withholding the result of the plaintiff's examination in B. Sc. Part II.

(3.) ON the pleading of the parties, relevant issues were framed by the Trial Court. The parties led evidence and on a consideration of the same the Trial Court held that the plaintiff had failed to pass B. sc. Part I examination and consequently there was no question of declaring his result of B. Sc. Part II examination. As a result, the suit was dismissed.