PADMABATI SETHI Vs. UTKAL UNIVERSITY AND OTHERS

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India for issuance of direction upon the opposite parties to declare the petitioner to have passed in the three years Degree Course (+3 Arts) by awarding pass mark in Home Science(practical) of Second University Examination,2007 and issue revised mark sheet and certificate within a stipulated date.

(2.) Case of the petitioner, in brief, is that she took admission in the d3-years Degree Course(+3 Arts) of Directorate of Distance and Continuing Education, Utkal University and enrolled vide Enrolment No.05/5301/141 and University Registration No.DE-53-/141/05. She appeared in First University Examination,2006 with English and M.I.L.(Oriya) as compulsory subject, Home Science(theory and practical) as pass subject and LIH as Elect.-A subject and awarded pass marks. Similarly she appeared 2nd University Examination,2007 with the same subjects, such as English and M.I.L.(Oriya) as compulsory subject, Home Science (theory and practical) as pass subject, LIH as ELEA subject but she was not supplied with the marks of the said examination for which she had represented to the Director of Distant & Continuing Education, Utkal University on 10.1.2008, but however to no effect. The petitioner had appeared 3 rd University Examination,2009 with ISC, ESRPS as compulsory subject and EDN as Ele-B subject but she was awarded fail mark in E.S. and as such she was allowed to appear compulsory subject(E.S.) as back paper in Third University Examination,2010 and got pass marks. It is the case of the petitioner that the opposite parties supplied mark sheet to her after Third University Examination,2009 from which the petitioner for the first time found that she has been awarded "0" marks in Home Science(practical) of 2nd University Examination,2007 even though she had appeared in the said examination and approaching to the opposite parties to supply her marks of 2nd University Examiantion,2007.

(3.) The University has filed counter affidavit wherein, inter alia, it has been stated that zero marks can be awarded to a student even in practical examination normally on the following grounds: