RAM BAHADUR Vs. VICE CHANCELLOR ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record.

(2.) The petitioner alleges to have appeared in B.A. Part I Correspondence Course Examination for the year 1998. He failed in the subject of Medieval History. However, he was permitted to appear in back paper examination of B.A. Part I and was admitted in B.A. Part II Course. He qualified his B.A. Part II Examination in 1999. The result of the back paper examination was declared in February, 2000 in which the petitioner failed. Learned Counsel for the respondents has urged that as per the rules of the University only one chance is given to a student to appear in back paper examination. This rule appears to be arbitrary. Once the University permits a student to appear in B.A. Part I back paper examination and admits the student in B.A. Part II Course who appears in B.A. Part II examination and is declared successful but fails in back paper examination of B.A. Part I, it results in loss of minimum two to three years of the student and he/she is required to study again in B.A. Part I and thereafter in B.A. Part II. The rule permitting a student to appear only once in back paper examination appears to be harsh and arbitrary. The Petitioner has urged that in the State of Maharashtra five chances are given to a student by the Pune University for clearing the back paper. He further urged that the students of Allahabad University be also allowed five chances to clear their back papers and prayed for two weeks' time to file amendment application challenging the rule of the University. He is allowed two weeks' time to file amendment application.

(3.) It will be reasonable that the University should permit the students to appear in back paper examination and more than one chance be allowed to them to clear their back paper. If only one chance is permitted to them and their result of B.A. Part II stands cancelled then they will again have to sit in B.A. Part I examination. This results in loss of two or three years of a student. The University can withhold the degree and insist that till the student clears his/her back paper he/she would not be awarded the degree unless he/she clears the back paper.