BIJOYA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The brief facts leading to the filing of the above writ petition are that; (1) The petitioner is a student of City College of Commerce in B.Com course under the University of Calcutta. The petitioner appeared in B.Com (Part-I Hons.) Examination conducted by the University of Calcutta in the year 1997. The petitioner was not amongst the successful candidates, when the results were declared and has been awarded poor marks in the Honours subjects as under;

(2.) The petitioner has questioned the vires of the Revised Rules for re-examination of answer scripts of BA/B.Sc./B.Com. examinations which was published by University vide Notification No. CSR/3/94 and which came into effect from 2nd February, 1994 whereby only such candidates who have secured at least 40% of the total marks in the remaining honours papers, can seek re-examination of not more than two theoretical honours papers. It may be appropriate to extract the relevant portion of the said revised rules as amended by the Syndicate of the University of Calcutta, in so far as it is relevant for the purpose of present enquiry, it reads as under; B.A./B.Sc./B.Com. Part-I (Hons.) Examination.

(3.) Since, the petitioner in the instant case has not been awarded 40% of the total marks in the theoretical Honours papers, the petitioner by virtue of the aforesaid rule, is not permitted to apply for re-examination of two theoretical Honours papers. The petitioner has, therefore, questioned the validity of the said revised rules as being ultra-vires of the provisions of the Constitution of India and sought for a consequential direction to the respondents authorities to re-examine the answers scripts of the petitioner in compulsory Honours papers of B.Com. Part-I (Hons.) Examination held in the year 1997 and after such re-examination to publish the results.