KM RUCHIRA CHAUHAN Vs. ROHILKHAND UNIVERSITY BAREILLY

JUDGEMENT

(1.) The petitioner was a student at K.G.K. College, Moradabad in M.Sc. Physics. The institution is affiliated with Rohilkhand University. The petitioner had appeared in M.Sc. Part I and in one of the papers, she secured lesser marks According to the prevalent practice and Rule in Rohilkhand University, she had appeared for appearing in the Improvement Test in the said paper. She deposited the requisite fee for appearing in the improvement test. Simultaneously, the petitioner was permitted to join M.Sc. Part II and she appeared in M.Sc. Part II examination also. The petitioner was successful in the Improvement Test examination and has secured higher mark than the earlier examination from which she wanted to appear in the Improvement Test. Since the petitioner had appeared in final M.Sc. also, she claimed that her result of M.Sc. final was also to be declared taking into consideration the marks obtained in the Improvement Test in the said subject.

(2.) The respondent-University had declin ed to declare the result of the petitioners' M.Sc. final examination on account that according to a resolution of the meeting held on 9-1-1992, a candidate was not permitted to appear in two tests i.e. the Improvement Test, as well as the final class for which a person claimed to have been permitted. This resolution has been annexed by the respondents with their counter-affidavit as Annexure CA 1.

(3.) It is not disputed that this resolution was never communicated to the petitioner nor she was ever informed that she could not appear in M.Sc. final examination for which she regularly attended the class and after submission of the application, appeared in the final examination also. This was kept in such a secret way that the petitioner had never known and after she devoted her precious time for completion of the M.Sc. course, now the fate shows that she have to wait for another year.