UNIVERSITY OF NORTH BENGAL Vs. KENEDY ROY

JUDGEMENT

(1.) -This appeal is from an order dated September 7, 1993 passed by a learned Judge of this court on an application filed by tire respondents under Art. 226 of the Constitution for postponement of M.A./M.Sc./M.Com. Part I and Part II (Annual) Examination, 1992 scheduled to be held on September 10, 1993 by the appellant University.

(2.) The respondents moved the court of first instance on September 7, 1993 praying, inter alia, for postponement of the said M.A./M.Sc./M. Com. Part I and Part II (Annual) Examination, 1992 on the ground of devastating flood at Aliporeduar in the District of Jalpaiguri and some parts in the District of Cooch Behar, in North Bengal. The said application was moved just three days before the said Examination of 1992 which was to commence on September 10, 1993. It is alleged by the appellant that the writ petitioners' Advocate on Record served a notice of such application on September 6, 1993 at 4.30 P.M. on the learned Advocate for the appellant Mr. Dipak Kumar Banerjee.

(3.) It is stated in the writ petition that the said M.A. Examination of 1992 was originally scheduled to be held on August 26, 1993. In view of devastating flood in some parts of North Bengal, the writ petitioners made representation sometime in August, 1993 to the Vice-Chancellor of the said University requesting to postpone the said examination by about two months to enable the writ petitioners and other examinees to make adequate preparation for the said examination.