PARAMANANDA TAYE Vs. DIBRUGARH UNIVERSITY

JUDGEMENT

(1.) THE judgment and order, dated 2/12/2008, passed in W.P. (C) No. 1701 of 2008, is in challenge in this appeal.

(2.) THE appellant Dr. Paramananda Taye, got admitted to the Post Graduate Course in Radiology in Assam Medical College, Dibrugarh in the year 2004 and in due course appeared in the final examination. THE result of the final examination, which was held in the month of November-December, 2007 was published on 8/1/2008, declaring that the appellant had passed the said examination. However, the provisional pass certificate was not issued in favour of the appellant, and the latter was informed by the Principal of the Assam Medical College, Dibrugarh, by his letter, dated 28/1/2008, that the certificate would not be issued due to detection of some error in the printing of the result sheet. In view of refusal of the authority to issue the provisional certificate the appellant, as petitioner, approached this Court, by filing a writ petition being W.P. (C) No. 273/2008. By order, dated 21.02.08, passed in the said writ petition, a direction was issued to the authority concerned to issue the provisional certificate within ten days from the date of the said order. But due to failure of the authority to issue the provisional certificate, the appellant, as petitioner filed a Contempt petition alleging violation of the Court's order and in the said Contempt petition, the respondents, by filing an affidavit on behalf of the Principal, Assam Medical College, Dibrugarh, stated, inter alia, that the result of the examination in respect of the Radio diagnosis was likely to be revised and that a decision would be taken in this regard. In view of the above, the Court declined to entertain the Contempt petition. Subsequently, on the basis of a decision of the examination committee, held on 8/2/2008, the Controller of Examination issued a corrigendum, dated 18.02.08, thereby declaring the appellant to have failed the examination.

(3.) THE learned counsel, appearing for the respondent-University, placed before the learned Single Judge, the answer scripts of the petitioner in theory papers, the result in the clinical examination as well as the results of the petitioner's performance in the viva-voce test. THE learned Single Judge, perusing the said answer scripts and the result sheet, noticed that the petitioner was awarded Grade 'C' and that the performance of the writ petitioner in the practical/clinical test was dismal, as all the answers given by him, were found to be wrong. In the viva-voce test, it is found that, the petitioner was declared to have failed. On behalf of the University, the learned counsel also placed before this Court a resolution of the meeting of the members of "Board of Studies in Medical Science of Dibrugarh University", held on 07.06.05. THE said meeting laid down the percentage of marks equivalent to the different grades that are awarded. As per the said resolution, Grade-C was equivalent to 40 to 44 percent marks.