SWAPNA RANI Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) In this application under Art.226 of the Constitution the petitioner seeks the quashing of the decision of the Syndicate dt. 30-9-82 requiring her to pass the Intermediate of Arts examination for admission to the Bachelor of Arts examination of the University and for a mandamus to the opposite party No. 1 to admit her to the Bachelor of Arts Examination.

(2.) The petitioner took the Intermediate of Arts examination from the Bhadrak Evening College in the year 1982, her optional subjects were Oriya, Economics and Political Science. English and M.I.L (Oriya) were the compulsory subjects. In due course the result was published and she was declared to have passed the said examination. She obtained mark-sheet from her college on 10-6-82 and a provisional certificate from the University on 6-9-82 to that effect. The college leaving certificate was granted to her on 20-6-82. Both in the college leaving certificate and in the provisional certificate she was shown to have passed the Intermediate examination in Arts. On the basis thereof she got herself admitted to the Bachelor of Arts course in the Bhadrak Evening College. In Sept 1982, she was informed by the college authority that she should discontinue her studies because she had not passed the Intermediate Arts examination having secured only 56 marks in Economics instead of 60 marks the pass marks. The petitioner has averred that she had pointed out that either 56 was a wrong entry or she was declared to have passed by application of the Hard Case Rules. She informed the University about this and was intimated that she could continue her studies in the B.A. course but would not be admitted to the B. A. examination unless she cleared the Intermediate examination. The petitioner has alleged that even thereafter she obtained a provisional certificate from the University on 29-1-83 wherein she was certified to have passed the Intermediate Arts examination of 1982.

(3.) In the circumstances the petitioner has prayed that, the University be estopped from reversing the course by requiring her to pass the Intermediate examination and preventing her from taking the B.A. examination. On the representation of the University she got herself admitted to the B.A. course and was studying in the final year. It has further been averred that the decision of the Syndicate dt. 30-9-82 as conveyed to the petitioner under Annexure 5 was without jurisdiction.