DAITARI LENKA Vs. ASST CONTROLLER OF EXAMINATIONS

JUDGEMENT

(1.) The present writ application is at the instance of one Daitari Lenka praying, inter alia, for issuance of an appropriate writ to quash the letter dated 13-10-1993 issued by the Assistant Controller of Examinations, Berhampur University, copy whereof is Annexure-1. By the aforesaid impugned letter, the Assistant Controller of Examinations has recorded that the petitioner's application dated 20-3-1993 for appearing at the M. Com. Part II examination, 1993 as a non-collegiate candidate from Banja Bihar Centre cannot be entertained in view of the fact that the petitioner had passed the +3 Arts examination in the year 1987 from Berhampur University and as per the existing regulation 23 of Chapter V, the petitioner was required to pass B. Com. or B. A. examination with Honours in Economics for appearing at M. Com. examinations as non-collegiate candidate from the university.

(2.) Being aggrieved, the petitioner has come to this Court for quashing of the aforesaid order Annexure 1 and for further directions to the Berhampur University authority to permit the petitioner to appear the M. Com. Part II examination as a non-collegiate candidate. It is contended, inter alia, that the petitioner passed his B. A. examination as a non-collegiate candidate from the Berhampur University with Political Science and Economics as pass subjects along with other compulsory subjects in the year 1987. Thereafter he applied for appearing at the M. Com. examination under Berhampur University in the year 1992, filled up the form for the said examination and the opposite party No. 1 Assistant Controller of Examinations, Berhampur University, having duly considered his application granted necessary permission to him to appear at the Part I of the said examination and issued the admit card with roll number 73391. After obtaining the admit card, the petitioner had appeared in the said M. Com. Part I examination in 1992 at the Bikramdev College Centre and came out successful. After completion of Part I of the M. Com. examination 1992, the petitioner applied to the Berhmapur University opposite party No. 3 for necessary application form on 20-3-1993 for granting necessary permission to the petitioner for appearing at the part II of the said examination and had deposited the necessary examination fees by way of bank draft, as referred to in the writ petition. Stating all these evidence in detail, the petitioner has come to this Court alleging that the refusal of permission by the university authorities to appear at the Part II examination has left the petitioner in quandary and without finding any other efficacious remedy, he has come to the writ Court seeking the reliefs, as indicated above.

(3.) The writ petition is contested by the opposite parties by filing counter affidavit Sworn to by the Deputy Registrar,(Special) of the University. It is disclosed in the counter affidavit that Chapter V of the Berhampur University Regulations governs the field of Master Degree examinations in Arts, Science and Commerce by non collegiate candidates. Regulation 23 envisages that any registered candidate of this university who has passed B. Com. or B. A. examination with Honours in Economics or some other examination recognised by the Academic Council as equivalent thereto may be admitted to the M. Com. examination. By referring to and quoting regulation 23, the university has taken a stand that the earlier permission granted to the petitioner to appear at the M. Com. Part I examination was an error. A wrong step cannot be ratified by another wrong step to permit the petitioner to appear at the Part II examination. In view of Regulation 23, petitioner's application for permission to appear at the M. Com. Part II examination was misconceived and consequently it was rejected. The writ petition is thus misconceived and the petitioner is not entitled to any relief whatsoever.