HARIPADA DAS Vs. UTKAL UNIVERSITY

JUDGEMENT

(1.) In this petition under Arts. 226 and 227 of the Constitution the petitioner, a student of M. P. C. College, Baripada, has prayed for a writ of mandamus directing the opposite party, Utkal University, to publish his results of the B. Sc. Examination.

(2.) The petitioner appeared in the Annual B. Sc. Examination of the College held in 1974 and secured pass marks in the total and compartmental marks in all subjects except in Chemistry and Mathematics. He was thereafter entitled to appear in these two subjects only and had the right to claim exemption from being examined in the other subjects in which he had passed according to R. 31 of Chapter III of the University Regulations (extracted hereafter). Consequently for the next supplementary examination held in 1974 he filled up the form and deposited the fees etc. to take the papers in Chemistry and Mathematics. According to the petitioner he fell ill and did not appear in this examination. For the next Annual examination of 1975 he again filled up the form to appear compartmentally in the same two subjects, namely, Chemistry and Mathematics. This time he could pass in Chemistry only. For the third examination which was the supplementary examination of 1975, he again filled up the form for Mathematics alone and deposited the fees for the examination and was issued an admit card No. 2703. He took the examination, but later he was informed by the College authorities that his results had been withheld by the University. Representations yielded no result. Hence this petition with the prayer for the issuance of a writ of mandamus to the University as aforesaid.

(3.) The argument urged in support of the petition is that the University having permitted the petitioner to appear in the supplementary examination of 1975 in Mathematics and to deposit the fee for the same and having issued the admit card and having also allowed him to take the examination, was estopped from withholding his result.