RAKESH THAKUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the writ petition the petitioner has prayed for a direction upon the controller of Examinations, University of Kalyani to allow him to fill up the form by depositing late fees for appearing in B. A. Part-ll Examination of honours in English, 2008 through Kanchrapara College. Declaration has also been sought for declaring the Regulation of Kalyani University allowing a candidate on completion of regular course of study to appear a maximum of Three Year. Part II Examinations within three years of qualifying Part I examination as ultra vires the provision of the Constitution of India.

(2.) THE facts in brief are that the petitioner was placed in the first division in both Madhyamik and Higher Secondary Examinations. Thereafter, in 2002 he got admitted in Kanchrapara College for pursuing 3 years B. A. (Honours) course in English. The duration of Part-l is two years and that of part-ll is of one year. After pursuing the course, the petitioner appeared in part-l examination held in May-June, 2004. Thereafter, result was published. The petitioner obtained 42% marks in honours subjects and qualified for part-ll examinations. During the end of 2004 he became a psychiatric patient and had to be admitted to the Mental Observation and Orientation Division of Medicure approved by the Government of West Bengal. As a result, from january, 2005 he was under the treatment of doctors. Consequently, in 2005 he could not fill up the form of Part-ll examination. The petitioner, however, filled up the form in 2006 and appeared, but could not succeed due to illness. An attempt was made by the petitioner in 2007 by filling up the form for appearing in the B. A. Part-ll examination but illness prevented him from taking part in the examination and he was declared unsuccessful. It has been stated that though the petitioner after prolonged treatment is now fit for pursuing his studies and had deposited necessary fees for appearing in the examination to be held in the year 2008, the college authorities are preventing him from appearing in the examination on the ground that under the Regulations of Kalyani University he is entitled to appear in maximum of three Part-11 Examination within three years from the year of qualifying Part-l Examination. Submission is - since the petitioner is a meritorious student who had qualified for B. A. Part-ll and had won 3rd prize in the National Level Youth Parliament Competition for universities/ colleges held in the year 2002-2003 directions may be issued allowing him to appear in the Part-ll examinations.

(3.) THE matter was moved on 29th February, 2008 when directions were issued for filing of affidavits. Affidavits have since been exchanged.