GORAKH NATH SINGH Vs. HARISINGH GOUR UNIVERSITY

JUDGEMENT

(1.) By this petition under Arts.226 and 227 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing the orders dated 31-5-86 and 26-6-1986, Annes. P-4 and P-6 respectively, passed by the respondent University and conveyed by its Deputy Registrar, withholding M.A. (Final) result of the petitioner. The petitioner further seeks a writ in the nature of mandamus directing the respondents to declare the petitioner's result for M.A. (Final) linguistic examination, held is April/May 1986.

(2.) The petitioner took admission in M.A. (Previous) linguistic in the year 1984, in the respondent-University and became a regular student of the said University. He appeared in M.A. (Previous) Examination held by the University in 1985 and as per his Mark-sheet (Ann.-P-1) the petitioner was declared successful. However, for the final year the petitioner applied for permission to appear as a private candidate in the examination to be held in 1986. The petitioner was granted permission for which an admission card (Ann.-P-3) for the said examination was issued to him. Consequently, the petitioner appeared in M.A. (Final) examination of the University held in April/May 1986 but without any reason or rhyme his result has been withheld as per orders dated 31-5-1986 and 26-6-1986, copies whereof have been filed as Anns.-P-4 and P-6 respectively, which are hereby challenged in this petition.

(3.) The respondent-University has opposed the petition by filing its return. In the return, although it has been accepted that the petitioner had appeared as a regular candidate of the University in M.A. (Previous) examination 1985 and was declared successful in the same, but it has been alleged that subsequently it was discovered that the petitioner, in fact, was in the regular employment and working as a Lecturer since 1984-85 in Mahatma Gandhi Intermediate College, Sultanpur (U.P.), which is at a distance of about 500 Kms from Sagar and it was practically impossible for him to attend the classes in the academic year 1984-85 while prosecuting his studies in M.A. (Previous) in the University at Sagar. It has been further alleged that by virtue of the provisions contained in Ordinance No. 6 of the University, it is necessary for a regular student to have at least 60% attendance to his credit in order to make himself eligible to appear in the examination. But as the petitioner was serving at Sultanpur he could not have secured 60% attendance in M.A. (Previous) and, therefore, he was not eligible to appear in M.A. (Previous) as a regular student and that an enquiry against the petitioner is pending in this behalf before the respondent No. 2 (Head of the Department, University of Sagar).