NIBEDITA SAHU Vs. SAMBALPUR UNIVERSITY

JUDGEMENT

(1.) THE petitioner had appeared at the Part !! M.A. (Oriya) Examination, 1998 conducted by the Sambalpur University as a student of Panchayat College, Bargarh. Part ll consisted of four papers, i.e., Papers V, VI, VII and VIII out of which Papers VII and VIII were special papers in which a candidate is required to opt for any of the groups and the petitioner opted for Group E in the aforesaid special papers. Group E consisted of Oriya 'Sahityara Dharmadhara' and 'Oriya Baishnab Sahitya.' Accordingly, the petitioner filled up her form with Group E in special papers VII and VIM. While appearing at the examination in the said papers, the found to her utter surprise that the question papers did not contain any question from Group E subjects opted by her. Finding no other alternative, she attempted to answer questions from other Groups and answered the same to the best of her. ability and made a representation to the Controller of Examinations intimating the fact that the question papers did not contain any question from Group E and, therefore, she had answered the questions from other groups. The said representation was duly forwarded by the Principal of the College to the University, copy of which is Annexure 4.

(2.) RESULT of the M.A. Examination in Oriya was published but the petitioner's result was kept withheld. She made several representations to the Controller of Examinations and ultimately her result was published on 8.5.1999 wherein she was declared fail. The mark sheet issued to her reflected that she remained absent in Papers VII and VIM and on that basis she was declared fail. Copy of the mark sheet has been annexed as Annexure 7. In this Writ Application the petitioner has prayed for quashing of the aforesaid mark sheet and directing the University to publish her result on the basis of marks secured by her in Papers VII and VIII.

(3.) THE Sambalpur University through its Assistant Controller of Examinations has filed a counter affidavit denying the claim of the petitioner. In Paras 4 and 5 of the counter affidavit details of facts are indicated which are extracted hereunder: