GEETA MISHRA Vs. UTKAL UNIVERSITY REPRESENTED

JUDGEMENT

(1.) THE facts referred to in the writ application and the application for stay may be stated in short in chronological order. THE Petitioner was a student of the 1st year Degree Class (Arts) in Shailabala Women's College during 1969-70. Having been duly sent up, she was admitted by the Utkal University to the final examination of the 1st Year Degree which was held in April, 1970. Her roll number was 5747. She appeared in English, M. I. L. and General Studies which were compulsory subjects and in Sanskrit, Logic and Home Science as optional subjects. On 26th of June, 1970 the result of the University examination was published and her name was found amongst the successful candidates. She got her Provisional Certificate (annexure '2') from the University on 3-7-70. THE Provisional Certificate runs thus :

(2.) THE aforesaid facts are not disputed in the counter-affidavit. THE essence of the averment in the counter is that the petitioner initially failed in two subjects - English and General knowledge - and her case could not have been referred to the Board under the Hard Case Rules. Rules I and II (b) which are relevant may be quoted :