BHASKAR CHANDRA BRIJVASI Vs. KUMAON UNIVERSITY AND OTHERS

JUDGEMENT

(1.) The petitioner by the instant writ petition has prayed for issuance of a writ of mandamus commanding the respondents to admit the petitioner in B. A, Part II Examination in Education Paper, The other prayer that has been made in the writ petition is that the petitioner may be admitted in B. A. Part III Examination in 1993. In this manner the petitioner has prayed for issuance of writs of mandamus to the respondents to firstly let him appear in B. A. Part II and Secondly to permit him to appear in B. A. Part III Examination, both in the same year.

(2.) Certain relevant facts may stated. That the petitioner appeared in B. A. Part II Examination of Kumaon University in the Examination held in 1992. He failed in one subject. The petitioner's result sheet is annexed as Annexure 2 to the writ petition. The petitioner claimed benefit of re-evaluation.scheme. However, as the same had been dropped by the State Government, the petitioner was not given the benefit. That is one ground for seeking the relief of mandamus. The writ petition came up before this Court on 9-7-1993. The respondent No. 3, by an interim mandamus was directed to permit the petitioner to appear provisionally in one paper of B.A. Part II and in all the papers of B. A Part III. However, it was also provided that the petitioner will appear entirely at his own risk.

(3.) The petition has been opposed by the Government. It is mentioned in the counter affidavit that the petitioner had failed in B. A. Part II Examination, in B.A. Part ill Examination his admission was purely provisional. It is also pointed out in the counter affidavit that the petitioner was given admission in B A. Part I on the basis of an order passed by this Court in another Writ Petitioner filed by the petitioner against the Board of High School and Intermediate for declaration of his Intermediate result. It has also been stated in the counter affidavit that the petitioner, concealing the fact that he had failed in B.A. Part II Examination of 1992 and had passed only in one subject, i. e., Political Science, moved an application that he had failed in Sociology and the petitioner may be permitted to appear in the Improvement Examination of that subject Also a prayer was made that he may be admitted provisionally in B. A. Part III on the undertaking that in case he fails in B. A. Part II his admission in B. A. Part III be cancelled. The State Government has taken further plea that the petitioner having failed in B.A. Part II was not entitled to appear in the Examination of B.A. Part III. Somehow or the other he could persuade the authorities in permitting him to appear in B A Part III Examination as well The other irregularities in the case of the petitioner claiming right to appear in two years examinations in one year has also been pointed out in the counter affidavit. It may be pointed out that although a copy of the counter affidavit was sent to the petitioner by registered post and he must have received it no rejoinder affidavit has been filed. I am, therefore, left with no other option except to accept the stand taken in the counter affidavit.