VIVEK SINGH YADAV Vs. CHHATRAPATI SHAHU JI MAHARAJ UNIVERSITY, KANPUR THROUGH ITS REGISTRAR & OTHERS

JUDGEMENT

(1.) HEARD Ms. Preeti Mishra, learned counsel for the petitioner as well as Sri P.K. Tripathi, learned counsel appearing for respondent-University and have perused the record. With consent of learned counsel for the parties, this writ petition is disposed of at this stage.

(2.) THE petitioner had appeared in the B.A Part-II Examination-2008 conducted by the respondent-University. The result of the petitioner of the said examination had been withheld, whereas the result of all other students was declared some time in the month of July, 2008. When two months had passed and no order or reason for withholding the result of the petitioner was given by the respondent-University, he filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondents to declare his result of B.A. Part-II Examination-2008. Time was granted to Sri P.K. Tripathi, learned counsel for respondent-University to file counter affidavit. A counter affidavit has been filed and he has also produced the original documents to show that the result of the petitioner had been withheld on the basis of some report of the Centre Superintendent of the College in question, which mentioned that the petitioner has used unfair means in Education Paper-II of the B.A. Part-II Examination.

(3.) IN the aforesaid circumstances, keeping in view that the result of a candidate cannot be kept withheld for an indefinite period without disclosing any reason, in my view, the conduct of respondent-University is totally unjustified and it is thus directed that the respondent-University shall declare the result of the petitioner of B.A. Part-II Examination-2008 forthwith. If he is declared pass in the said examination, he shall be permitted to fill up the form of B.A. Part-III Examination-2008 and appear in the said examination.