KSHETRABASI SAHOO Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) THE present writ petition has been filed by ore Kshetrabasi Sahu praying inter alia : - - to direct the opp. party No. 2 to rectify the mark -sheet under Annexure -2 issued to the petitioner in the Final Degree ( B.A. Honours) Examination and also direct him to give/award marks in Paper -I of English in Pre -Degree Examination, i.e., 45 marks as has been secured by the petitioner as per Annexure -I, to direct the opposite parties to declare the result of the petitioner as 'passed' with Second Class Honours in English. - -

(2.) IT is stated in details that the petitioner was a student of Final Degree of S.C.S. Morning College for the session 1991 -94. He appeared in the Pre -Degree Examination in the year 1993 and secured 45 marks in English Paper -I. Copy of the mark sheet of Pre -Degree Examination is filed herewith as Annexure -1. The petitioner appeared for the Final Degree (8.A. Honours) Examination in the year 1994 and the result of the said Examination was declared on 22 -8 -1994. The Mark -sheet of the Final Degree B. A. Examination was issued to the petitioner on 26 -8 -1994. In the said Mark -sheet it was found that in English Paper -I of the Pre -Degree Examination, it was written 'absent' and as a result of which, the petitioner has been declared 'failed' though he obtained second class Honours in English. Thereafter the petitioner submitted representation to opp. party No. 2 (Controller of Examinations, Utkal University) on 30 -8 -1994 stating all the facts and prayed inter alia for rectification of mark sheet under Annexure -2. On 6 -9 -1994 the petitioner sent a reminder. In spite of repeated reminders, nothing was heard and the representation and the reminder were alleged to be kept in cold storage. Stating all these facts the petitioner has approached the writ Court impleading the University authorities and also the Centre Superintendent who was the Principal of the College as opposite parties.

(3.) WHILE the matter came before this Court on 26 -7 -1995, it was recorded that the Court was shocked to find that for wrong feeding of the computer erroneous results were communicated. Subsequently certain steps were taken to rectify the same. The Court was not satisfied with the counter affidavit filed by the Utkal University. Consequently the University Authorities were directed to produce such relevant records as to how the mistakes occurred and proper steps taken to correct the same within four weeks from the said date. There was a direction to put up this matter after four weeks. Since then the University authorities are sitting tight over the matter. Neither any records have bean produced before us nor any affidavit has been filed. At the time of final hearing today, attempt has been taken to adjourn this matter. On hearing both sides the prayer for adjournment was refused.