NABA KISHORE GADAPALLA Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) Petitioner took the B. Sc. Hons. Examination, 1973, held by the Utkal University as a regular student from Angul Science College. He had Chemistry as his Honours subject and the other subjects of the combination were Mathematics and Physics. He failed to secure Honours in Chemistry and did not pass in Physics and Mathematics. He took the second examination of that year on compartmental basis in Physics and Mathematics but while passing in Physics still failed in Mathematics. He appeared at the annual B. Sc. Examination of 1974 on compartmental basis but again failed in Mathematics. As two consecutive chances were allowed for compartmental appearance, petitioner appeared in all the subjects in B. Sc. Examination of 1975 in the Pass Course only. He again failed in Mathematics and took compartmental examination in Mathematics in the Annual Examination of 1976. The authorities of the University withheld the results of the petitioner on the ground that he failed in Chemistry too in the Annual B. Sc. Examination of 1975 and even if he passed in Mathematics on compartmental basis, he should not be declared to have passed the B. Sc. Examination. Petitioner has filed this application for a writ of mandamus to the University to publish petitioner's results.

(2.) In the counter-affidavit given on behalf of the opposite party, the Controller of Examinations has pleaded that the petitioner had actually failed in Chemistry in the Annual Examination of 1975. It is stated that in Paper I, petitioner had secured 30 and in Paper II, 14. At the time of tabulation, it was found that Internal Assessment Marks in Chemistry were wanting. Under the Regulations, the two written papers in Chemistry carry 160 marks and 40 marks are earmarked for Internal Assessment. As Internal Assessment Marks were not available, the Tabulators enhanced the marks of 30 and 14 secured by the petitioner in the written papers in the Chemistry subject from 30 and 14 to 38 and 18 treating the full marks as 200. There is no dispute that in respect of an Honours student, the Internal Assessment Marks are not sent to the University. There is also no dispute that petitioner had secured 22 marks in Internal Assessment Examinations in Chemistry. According to the opposite party, unless petitioner secured 48 marks out of 160 in the two written papers of Chemistry, he cannot pass. It is claimed that as petitioner had actually secured 44 in the two papers of Chemistry, even if he is given benefit of 22 marks relating to the Internal Assessment, he cannot be declared to have passed in Chemistry in the Annual Examination of 1975. Petitioner was, therefore, obliged to take compartmental examination in Chemistry and Mathematics when he sat at the Annual Examination of 1976. The University is, therefore, justified in not declaring the petitioner to have passed the Examination.

(3.) For the B. Sc. pass examination, a candidate has to be examined in any three of the subjects indicated in Regulation 22 (1). In the Pass Course, there are two theory papers and a practical paper in all the subjects indicated excepting Mathematics. In order to pass in a subject in the Pass Course for the Degree Examination, a collegiate candidate must obtain (except in Mathematics) thirty per cent of the maximum marks in the theory papers subject to a minimum of thirty per cent of the University Examination Marks and thirty per cent of the College Internal Assessment Marks and forty per cent of the maximum marks in the practical papers. Admittedly, the University issued a mark-sheet to the petitioner indicating the result of the Annual B. Sc. Examination of 1975 (Annexure-2) which was to the following effect: "To Naba Kishore Gadapalla. The following marks were awarded to him/her at the B. Sc. Examination of April, 1975. Subject Marks awarded Maximum Marks MathematicsPhysics. Chemistry Theo. Pra. Theo. Pra. 58+ 48 74+24 40 56 40 106 138 96 300 300 300 English. Comp. 39 6 Total 346 900 Mr. Mohapatra for the University agrees that the University was duty-bound to collect the Internal Assessment Marks of the petitioner in Chemistry when at the 1975 Examination, petitioner appeared for the B. Sc. Pass Course. It is conceded that in the absence of the Internal Assessment Marks, it was not competent for the University to enhance the marks secured in the written papers out of a total of 160 in a proportionate manner to make the marks equal out of 200. The opposite party does not dispute petitioner's contention that petitioner as also the Principal of the College from where the petitioner appeared were not aware of the escalation of marks in Chemistry as pleaded by the University in the return to this Court. There is absolutely no dispute that if the petitioner is deemed to have secured 56 marks in the written papers and 22 marks in Internal Assessment in the subject of Chemistry, he must be taken to have passed. Petitioner's stand is that everybody proceeded on the footing that the petitioner had secured 56 marks in the two written papers of Chemistry. It is supported by the letter of the Principal addressed to the University on 20th of July, 1976. This letter has in fact been produced by the opposite party and is marked as Annexure-D. Therein, it has been stated: