RAJESH KUMAR Vs. SAHUJI MAHARAJ KANPUR UNIVERSITY

JUDGEMENT

(1.) It is an unfortunate case where a brilliant student of Post Graduate class has been tossing about to ventilate his legitimate grievance. All the entreaties made by him had fallen flat on the deaf ears of the swollen headed authorities of the concerned college and University. A brilliant student who should have devoted his time and energy to prepare for his examination in cool and calm atmosphere was driven unnecessarily to take recourse to legal proceedings as the authorities had adopted a recalcitrant and obdurate attitude to persist in their adamancy in not allowing the petitioner to appear in the examination. These remarks are more on account of anguish rather than anger which may well be conceived in the backdrop of the following facts.

(2.) Rajesh Kumar who has been throughout the first class student having secured first division in High School, Intermediate and B. Sc. examinations, appeared in entrance lest for admission in M.Sc. for the academic session 1995-96 conducted by Sahuji Maharaj University (Kanpur University). The petitioner became eligible for admission as he was declared successful in the entrance test and accordingly he was allotted D.A.V. Degree College, Kanpur where he took admission in M.Sc. (Previous) in Botany discipline on 19th October, 1995. On that date he deposited the requisite fee of the college including the examination fee. He also submitted the examination form. A 'green card' for attending the classes in M.Sc. (Previous) Botany was issued by the College to the petitioner. The petitioner all ended theory and practical classes regularly and at the end of the session, he was issued clearance slip by the College, which was indicative of the fact that no dues were outstanding against him and that he has deposited the examination fee and has submitted the examination form. The University examinations were scheduled to take place from 10.4.1996. Admission card was not issued to the petitioner and on enquiry, he was informed by the Principal of the College that his examination form had been sent to the University. The petitioner was in a fix and having left with no alternative, had to rush to the Court of Civil Judge (Junior Division), Kanpur by filing Suit No. 714 of 1996 in which by order dated 8,4.1996. he was allowed to appear in the examination, of course, subject to decision of the suit.

(3.) The agony of the petitioner did noi end here. The result of the M.Sc. (Previous) Botany examination was not declared and the petitioner had again to obtain the order of the Civil Judge (Junior Division) on 15.10.1995 in pursuance of which the result was declared which showed that the petitioner passed the examination and had secured 60% marks in the aggregate.