ARCHANA GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner who was a regular student of 3 years Degree Course in Arts of L.C.Bharali College, Maligaon, Guwahati appeared in the B.A. Part I examination conducted and held by the respondent University in the year 1988, was allowed to appear at the B.A. Part II examination in the year 1989 on condition that she would clear her two arrear subjects of Part I namely, English and Economics in which she had failed in the year 1988 having passed in all other subject. She was allowed to prosecute her studies further. As per notification No. M/14/90 dated 20.2.90 issued by the Respondent University, the petitioner was required to pass in the arrear subjects at any of the three examinations immediately following the original examination. Unfortunately, instead of three, the petitioner passed the arrear subjects in the 4th chance and has in tact cleared the arrear subjects as per the mark-sheet (Annexure-F). The petitioner moved an application dated 13.2.93 filed as Annexure - H praying for a formal declaration of result and issue of mark sheet of Three Years Degree Course (Arts) of Part II examination which was withheld by the Respondent- University.

(2.) The Respondent-University by iits letter dated 22.2.93 (Annexure-I) informed the petitioner as follows -

(3.) The learned counsel appearing for the petitioner contended that the University having allowed the petitioner to appear at the examination which under the Rules, she could not have, can not now turn around and say that her result can not be declared as she was not eligible to appear. The Rule, it was submitted, works a great deal of hardship more so in case of candidates who have cleared the examination. It is also the petitioner's case that she had no role in forwarding the application form for examination or scrutiny thereof.