SUJATA PATRA Vs. VICE-CHANCELLOR

JUDGEMENT

(1.) The petitioner, who had appeared at the B.Ed. Examination (General) 2006, has filed this application challenging the notification dated 03.02.2007, which had been issued in partial modification of the notification no. E.C.V/12137/06 dated 30.10.2006, and subsequent order passed by the Vice-Chancellor dated 11.01.2007 in revising the result of the students mentioned therein, including the petitioner whose name finds place at serial no. 4 having Roll No. 106B071 declaring her as "Fail" by revising the previous result of "2nd Class".

(2.) The factual matrix of the case in hand is that the petitioner appeared at the B.Ed. Examination (Regular), 2006 being a regular student of Nalinidevi Women's College of Teacher Education, Bhubaneswar, the result of which was published on 30th August, 2006, where she was declared pass in 2nd Class. She was also issued with a pass certificate (provisional) and mark sheet signed by the Controller of Examination-opposite party no.2 from the College Office, which were countersigned by the opposite party no.3 on 30.11.2006. But when necessity arose for her conduct certificate and College Leaving Certificate, she made an application to provide the same. Subsequently, she was called upon to produce those pass certificate (provisional) and mark sheet, which she deposited on 07.03.2007 in the college office. The opposite party no.3 retained the said original documents on the basis of the communication made by the University that the petitioner was failed in the B.Ed. Examination held in July, 2006. Subsequently, she had to sign the register indicating that she returned the original pass certificate and the mark sheet. Though legal notice was issued on behalf of the petitioner to provide her pass certificate and mark sheet along with conduct and College Leaving Certificate, but in reply the authority denied to provide the same, as she had not passed the said examination, and issued notification dated 03.02.2007. Therefore, challenging such notification dated 03.02.2007 in Annexure-4/A, this writ application has been filed.

(3.) Mr. A.P. Ray, learned counsel for the petitioner argued with vehemence that once the petitioner was supplied with the provisional pass certificate as well as mark sheet declaring her as pass in 2nd Division in B.Ed. (General) Examination, 2006, subsequently the impugned notification should not have been issued declaring her fail without assigning any reason. It was specifically contended that while revising such result sheet, principle of natural justice has not been complied with. Therefore, interference of this Court has been sought for.