PRATIKSHA BHATIA Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The petitioners' allegation in this case is that they passed Class 10 + 2 Senior School Certificate Examination through 'Patrachar' in the year 1994 under the Central Board of Secondary Education, and thereafter all of them got themselves admitted to the First Year B.Com. Course, Heramba Chandra College, 23 / 49, Gariahat Road, Calcutta-29 sometime in September 1994 The petitioners were also sent up for the B.Com. Final Examination from the said college to the University of Calcutta. The examination will be held in March April, 1996, but the University did not grant the petitioners registration certificates, and admit cards for sitting in that examination on the ground that 'Patrachar' is not recognised by the University of Calcutta as equivalent to Senior School Certificate Examination in view of the resolution of the Syndicate dated 30th November, 1993 There is no doubt that the question of equivalence is to be decided by the University at the first instance and the Court ordinarily will not enter into the question of equivalence which is primarily for the University to determine but the difficulty in a case like this is that the students had been admitted in the concerned college on the basis of their results in the Patrachar Examination, and they have already pursued the course for two years and if at this juncture they are not given the opportunity to appear in the B.Com. Final Examination under the Calcutta University, the whole future academic career of the petitioners may be ruined for no fault of their own.

(2.) I called a report from the Principal of the concerned college and the report has been submitted and placed before me in which the Principal of the said college has stated that the decision of the Syndicate of the University of Calcutta was never communicated to the Principal of the college.

(3.) It is also the case of the students that they were not aware of any decision whichmight have been taken by the Syndicate of the University.