SHISHIR SATPATHY Vs. VICE CHANCELLOR UTKAL UNIVERSITY

JUDGEMENT

(1.) The present writ petition is at the instance of one Sishir Satpathy claiming to be a student of Utkal University seeking relief by issuing on appropriate writ or direction upon the University authorities to permit the petitioner to appear at + Science Examination of 1995-96 in three back papers, i.e., Mathematics (two papers) and Physics (one Paper) (theory) and for other ancillary reliefs as incorporated in the writ application.

(2.) The petition is opposed by the University authorities by filing a counter-affidavit. Admittedly the petitioner is entitled to appear twice. Undisputedly the petitioner got the registration for appearing second time but due to his illness he could not appear at the examination. The Admit Card was, however, issued in his name. He seeks, thus relief that he may be permitted to avail second chance of appearance. The objection of the University authority is that the petitioner has exhausted both the chances. For the second appearance, once he has got his name registered and got the Admit Card issued, it would be deemed to have appeared notwithstanding the fact that he has not actually taken the seat. The learned lawyer for the University authorities has very much emphasised upon the note in the Regulations. Under Chapter LIII beneath the table No. 1 at page 5, it is provided, inter alia, in the Note "the first registration for appearing in the examination will be taken to be the first appearance of the examination". An inspiration is drawn from the Note that since the first registration means the first appearance, then the second registration would automatically mean the second appearance. As there is second registration, the appearance is completed and the petitioner could not seek the relief in the manner as asked in the instant case.

(3.) We have considered the submissions made on behalf of the petitioner and the University authorities. The word used in the Statute is to "appear". The grammatical meaning of the word "appear" is to become visible and/or to present oneself formally at the examination. This "appear" in the examination could not be construed that the second appearance would mean by way of second registration. No one is permitted to go beyond the Statute or to infer and/or to surmise thereby. The fundamental concept of statutory interpretation that a proper interpretation should be made as per the text and to the context. Taking the text and the context together, we are inclined to interpret liberally for the benefit of the students that by applying the meaning of deeming provision, the word "second registration" should not be considered as "appearance". While the student has not taken seat in the examination, he should not be debarred to avail the opportunity to appear for the second time as permitted under the Statute. Necessary writ is issued accordingly. The writ petition is disposedof accordingly. There will be no order as to costs.