PERCY JAIN Vs. JIWAJI UNIVERSITY, GWALIOR

JUDGEMENT

(1.) Brief facts necessary for adjudication of this matter are as under:- The petitioner took admission in B.Com. in academic year 2007-08. She cleared first year in the month of March-April, 2008 and cleared second year in March 2009. After clearing first and second year she appeared in final year examination held in March 2010. It is stated that she cleared all the subjects except subject of Accounting . The marksheet reflects the same, which is filed as Annexure P/1. The petitioner got supplementary in the aforesaid subject but she could not appear in the supplementary examination in 2010 because she got married on 19 th May, 2010. The petitioner subsequently applied for permitting her to appear in supplementary examination for Accounting in the year 2011. The said examination was held in November, 2011 in which she duly appeared on allotted roll number 487833. After examination the result was opened in the website of the University in which petitioner's name did appear. The petitioner obtained 45 and 50 marks in the first and second paper of Accounting respectively. Annexure P/2 downloaded from University's website shows the same. After clearing B.Com. Examination the petitioner intended to apply for admission in M.A. However, at this stage the respondent refused to provide her the marksheet and she was orally intimated that she has been wrongly allowed to appear in the supplementary examination.

(2.) Learned counsel for the petitioner submits that there is no suppression of fact by the petitioner in applying for supplementary examination. The respondent after having permitted her to write the supplementary examination, cannot be permitted to resile from the said stand and deprive the petitioner from the fruits of the said examination.

(3.) Per Contra, Shri Rajmani Bansal, learned counsel for the University opposed the prayer and submits that as per Annexure R/1, the petitioner should have appeared in the supplementary examination of the same year or else she was required to appear in all the papers.