SHUKADEV SAHU Vs. ADMINISTRATOR UTKAL UNIVERSITY

JUDGEMENT

(1.) Petitioner appeared at the Bachelor's Examination in Commerce held by the Utkal University in April, 1974, as a regular candidate from the Ravenshaw College at Cuttack. He obtained 369 marks out of a total of 1000 as per the mark-list (Annexure 1), He secured the following marks in English and Economics:- <FRM>JUDGEMENT_35_TLORI0_1975Html1.htm</FRM> Petitioner was declared unsuccessful in the Examination as he secured less than 100 marks in the Economics group. Under the Regulations of the University, a candidate securing more than 360 marks and getting plucked in one subject is entitled to appear in that subject only which is ordinarily called as Compartmental Examination. Petitioner took the Second B. Com. Examination held in September, 1974, in the Economics group only, but was declared to have been unsuccessful. As a fact he secured 115 marks out of 300 as per the mark list (Annexure 2). On enquiry he was told that though he had passed in the Economics group in the Second Examination, he had actually failed in the English group in the first Examination and, therefore, he cannot be declared to have passed the B. Com. (Pass) Examination of the University. According to the petitioner, he had passed in English in the Annual Examination and it was on that basis that he had been permitted to sit at the Second Examination in the Economics group only. The decision of the University that he has not passed is accordingly bad and a direction should be given to the University to declare him to have passed the B. Com. Pass Examination held by the University.

(2.) The Deputy Registrar of the University in the affidavit in opposition has claimed that the petitioner did not pass in English in the Annual Examination and, therefore, the University had rightly declared the petitioner to have failed.

(3.) Two questions mainly arise for determination: --