SWAPAN KUMAR KAMILA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is a student of Dum Dum Motijheel Rabindra Maha Vidyalaya (hereafter the College) which is affiliated to the University of Calcutta (hereafter the University ). He has been pursuing studies in the B. Com Honours course (3 years under New Regulations, 1+1+1 system) of the University. It is not in dispute that the petitioner appeared at the B. Com Honours, Part-I Examination, 2007. The petitioner obtained 90 marks out of 200 marks in Group-3a, being the Honours subject. His status was 'g' which denotes "qualified in general course". Since the petitioner failed to succeed in subjects comprising Groups - I and II, his status thereagainst was shown as 'f' which denotes "failed in subject/group of subjects". Overall, the petitioner's result was shown as 'qx1' which denotes "part-I examination cleared partly and eligible to appear in Part-II". He was eligible to re-appear in Groups - I and II subjects. The petitioner had duly filled up the form for appearance in the B. Com Part-II (Honours)Examination, 2008. In the application form, he was required to disclose necessary particulars regarding his result in the Part-I Examination of 2007. Against Group-3a, the petitioner disclosed the status as 'h' instead of 'g'.

(2.) THE petitioner had signed a printed declaration in the application form which reads as under:-

(3.) IT further appears from the application form that the Principal of the College had certified that the statements made therein by the candidate are correct and that he had fulfilled other requirements as contained in the University Regulations for appearance in such examination. The University did not detect that the petitioner had shown his status in respect of Group3a subject as 'h' instead of 'g'. It proceeded on the understanding that the statement made by the petitioner in the application form, since certified by the Principal of the College, is true and issued admit card in favour of the petitioner to enable him appear in the Part-II Honours Examination, 2008. The admit card reflects that the petitioner was permitted to appear in the subject/group of subjects mentioned therein, including the Honours subject/group of subjects for Part-II. According to him, he was simultaneously permitted to appear in the subjects comprising Groups -I and II in which he had failed to succeed in the Part-I Examination, 2007. While results of other examinees have been published, the petitioner's result in respect of the Part-II Examination was not declared.