RAJANIKANTA PRIYADARSHY Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) The petitioner has filed this application seeking to quash the notification of the Utkal University dated 24.11.2010 vide Annexure-9 and subsequent notification dated 20.12.2010 vide Annexure-10 cancelling his result in +3 Final Degree (Regular) Examination, 2010 (2007 Admission Batch) declaring him as "fail".

(2.) The short fact of the case in hand is that the petitioner after passing +2 Arts from CHSE, Odisha, Bhubaneswar was admitted to +3 Arts course through distance education under opposite party no.3. On successful completion of the course, the petitioner was declared to have passed the +3 Arts course in the year 2010 vide Annexure-3 with second class honours. Thereafter, the petitioner was admitted to Master in Finance Control (MFC) in BJB Autonomous College, Bhubaneswar under the Utkal University and at the same time he has also registered his name under the IGNOU in Post Graduate course in M.A. in Public Administration. After successfully completing the course of Master in Finance Control in BJB Autonomous College, the petitioner appeared the examination conducted for the purpose by the Utkal University and has also been declared pass and due certificates has also been granted by the University, which has been annexed as Annexure-4 to the writ petition. Similarly the petitioner has also obtained his pass certificate and mark sheets in M.A. in Public Administration from the IGNOU in December, 2012 vide Annexure-5. While the petitioner was searching for a job, he was confronted with the fact that the mark sheets and certificates of +3 examination do not carry the registration number. Therefore, the petitioner approached the University authorities to get his mark sheets and certificate of +3 examination, 2010 corrected in order to place it for his employment. At that point of time, the petitioner was informed by the University that there is no such mark sheet or provisional certificate in his favour in respect of +3 examination on the plea that he has already declared failed in the said examination by the University since December, 2010 i.e. after six months of the publication of the result. The petitioner applied under the RTI Act with regard to cancellation of his +3 result vide letter dated 3.8.2013 and information was supplied to him on 30.08.2013 declaring him fail which was received on 31.08.2013. The petitioner came to know from the notice of the University that the revised mark sheet of the +3 examination has been issued and vide notifications dated 24.11.2010 and 22.12.2010, the result of the petitioner has been cancelled vide Annexures-9 and 10 respectively conducted by the Utkal University. It is stated that while canceling such result of the petitioner, no opportunity has been given to him. Hence, this writ petition.

(3.) Mr. S.K. Das, learned counsel for the petitioner states that while canceling the result of the petitioner in +3 Arts examination pursuant to notification under Annexures-9 and 10, there is gross violation of principles of natural justice. After declaration of the result, the petitioner has already undergone higher studies and passed the degree in Maser in Finance Control from Utkal Unversity and thereafter M.A. in Public Administration from the IGNOU. Therefore, at a belated stage, the position which has been acquired by the petitioner cannot be changed. Hence, the entire action is hit by principle of estoppels and this Court should interfere with the same and quash Annexures-9 and 10 respectively. To substantiate his contention, Mr. Das, learned counsel for the petitioner relies upon the judgments of this Court in Miss Reeta Lenka v. Berhampur University and another, 1992 2 OrissaLR 341, David C. Jhan v. Principal Ispat College, Rourkela, 1984 1 OrissaLR 564, Ambika Prasad Mohanty v. Orissa Engineering College and another, 1989 1 OrissaLR 440 and Dr. (Smt.) Pranaya Ballari Mohanty v. Utkal University and others, 2014 1 OrissaLR 226.