SUKANTI SAHOO Vs. VICE CHANCELLOR UTKAL

JUDGEMENT

(1.) THE Petitioner seeks to assail the inaction of the Utkal University in the matter of not according permission to her to appear in the B. Ed Examination for the second time.

(2.) THE scenario of facts reveal that the Petitioner completed her B. Ed Course from Biju Pattnaik College of Science and Education, Bhubaneswar in the academic session of 1991 -92. She appeared in the Annual Examination conducted by the Utkal University as a regular candidate in the year 1992 but then her results were not published. Being aggrieved by the said fact she had approached this Court earlier in W.P.(C) No. 6816 of 2003. The said Writ Petition was disposed of on 11.9.2003 with an observation that if the Petitioner has appeared in the examination, her results may be declared. It is submitted, her results were published in the year 1996 by the University and the Petitioner was declared to have failed. The Petitioner then sought permission from the Utkal University authorities to allow her to appear in the examination conducted in the year 1996 -97 for the second time. It is alleged that she purchased the forms and submitted the same but then the University authorities did not accept the same. She made a representation before the University authorities and prayed to allow her to appear in the examination, unfortunately no action was taken on the representation filed by the Petitioner vide Annexure -4 for quite a long time. On 12.11.2003 the Controller of Examinations informed the Petitioner that neither the Private Colleges imparting B. Ed Courses are in existence nor there is any system for permitting candidates who have completed their courses from the private unrecognized colleges to appear in the examination conducted by Utkal University. The said order dated 12.11.2003 (Annexure -5) is assailed in this Writ Petition.

(3.) AFTER receiving the Rule a detailed counter affidavit has been filed by the Utkal University. It is averred that after 1987 none of the Private Colleges of Orissa imparting B. Ed Courses were granted affiliation or concurrence. However, Colleges which had admitted students without having Government concurrence and University affiliation during the year 1988 -89 and 1989 -90 were permitted to present their students to appear in the examination so as to avoid prejudice to the students who had prosecuted their studies. Thus according to the University the examination held in the year 1990 was by way of one time privilege granted to all Private Colleges imparting B. Ed Courses, to avoid prejudice to the students who had completed the course. It is further averred that the University framed a special regulation wherein it was provided that the candidates who had prosecuted their studies having been admitted in the Private Colleges for the session 1986 -87, 1987 -88, 1988 -89 and 1989 -90 with or without Government concurrence, only would be eligible to appear in the B. Ed Examination held in the years 1987, 1988 and 1990 as one time dispensation. According to the said resolution students who prosecuted their studies in Private B. Ed Colleges having no affiliation from the University or concurrence from the Government were allowed to fill up the forms and appear in the B. Ed Examination, 1990.