LAWS(CAL)-2016-4-69

CHAYANIKA BHATTACHARYA Vs. UNIVERSITY OF CALCUTTA AND ORS.

Decided On April 29, 2016
Chayanika Bhattacharya Appellant
V/S
University Of Calcutta And Ors. Respondents

JUDGEMENT

(1.) The petitioner has challenged an order passed by the Registrar, University of Calcutta dated January 9, 2015 by which the University of Calcutta has taken a stand for the degree of M.A. in Sanskrit from Kavikulaguru Kalidas Sanskrit Vishwavidyalaya, Sanskrit University cannot be considered for undertaking a B.Ed. programme under Calcutta University in view of the reasons concerning territorial jurisdiction of such institute.

(2.) Learned Advocate for the petitioner has submitted that, the petitioner was admitted to the B.Ed. Course in the respondent No. 4. The first semester examination was held in the month of December 2014 and the University of Calcutta being the respondent No. 1 had issued an Admit Card in favour of the petitioner. The petitioner participated in the first semester examination. The results were, however, withheld. Various correspondence ensued and ultimately the respondent No. 1 by the impugned letter dated January 9, 2015 has taken the stand that the petitioner cannot undertake a B.Ed. programme under respondent No. 1 as the M.A. degree obtained by the petitioner is not valid.

(3.) Learned Advocate for the petitioner has contended, the petitioner is not guilty of suppression of any fact at the time of admission for the B.Ed. programme with the respondent No. 4. The respondent No. 1 having allowed the petitioner to take the first semester examination is estopped from contending that the petitioner is not entitled to undertake the B.Ed. programme. In support of such contention learned Advocate for the petitioner has relied upon : 1990 Volume 3 Supreme Court Cases 23 (Sanatan Gauda v/s. Berhampur University & Ors.) as well as : 2009 Volume 1 Supreme Court Cases page 610 (Guru Nanak Dev University v/s. Sanjay Kumar Katwal & Anr.).