RUNULATA MANGUAL Vs. CONTROLLER OF EXAMINATION

JUDGEMENT

(1.) THE petitioner had appeared at the Plus -II Arts Examination during the year 1994 from Choudwar College Centre bearing Roll No. 109 CAB 17. After the result was declared as she was declared to be unsuccessful, she wanted to know her marks. It transpires that even though the petitioner had appeared in the subjects of History, Political Science and Logic as the three optional subjects, but the Council of Higher Secondary Education did not accept Logic to be the third optional subject and, on the other hand, took Economics to be the third optional subject. Since the petitioner did not appear in Economics she was declared to have failed. The petitioner asserted that she had appeared in the Examination with History, Political Science and Logic as the three optional subjects for which she was permitted by the Principal of the College. It is further averred that she had never studied Economics in the College and Education was her 4th optional subject.

(2.) THE Principal of the College has filed a counter affidavit taking the stand that when the Computerised Nominal Roll (C. N. R.) from the Council of Higher Secondary Education along with the Admit Card of the petitioner was received, it was found that the subjects mentioned for the petitioner to be examined were History, Political Science and Economics, as the optional subjects. But on verification of the College records since it was found that the petitioner had never been allotted Economics nor she had attended any class in Economics and as the examination was approaching, the Principal allowed the petitioner to appear with Logic as her 3rd optional subject and the Admit Card was corrected accordingly. - - The Council of Higher Secondary Education has also filed a counter affidavit taking the stand that since the petitioner had offered History, Political Science and Economics as optional papers with Logic as the extra optional subject and since the petitioner did not appear in Economics, the question of declaring the petitioner to have passed on the basis of Logic as the 3rd optional subject does not arise. It has been further averred that since the petitioner was found to be absent in Economics which was one of the optional papers, the petitioner was declared to have failed.