SUBRATA ROY Vs. UTKAL UNIVERSITY AND ANR.

JUDGEMENT

(1.) PETITIONER took the second B.A. Examination of the Utkal University in 1977 from the Evening College attached to the Revenshaw College at Cuttack and failed. He sat at the annual B.A. Examination of 1978 but the University did not declare him to have passed the examination though according to the Petitioner he was entitled to have such a declaration. By this application under Article 226 of the Constitution, Petitioner wants a direction to the University to declare him to have passed the annual B.A. Examination of 1978.

(2.) PETITIONER 's subjects were English, Modern Indian Language (Oriya), Economics and Political Science. In English there were two papers carrying two hundred marks. In the Modern Indian Language there was one paper with hundred marks and in Economics and Political Science there were three papers in each with hundred marks. The total marks thus were nine hundred. Under the University Regulations, 20 marks out of each paper are allotted for internal examinations. Petitioner had taken these examinations and bad secured 16 out of 40 in English, 11 out of 20 in Modern Indian Language, 28 out of 60 in Economics and 24 out of 60 in Political Science. From the papers placed before us there can be no dispute that the college marks had been duly sent to the University. The Petitioner was issued a marks -list showing to have secured the following marks subjectwise:

(3.) FROM the answer books placed before us, we find that the Petitioner had secured the following marks: