RASARAJ DEBNATH Vs. CALCUTTA UNIVERSITY

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by one Sri Rasaraj Debnath who appeared, as an external candidate, in the B.A. Compartmental Examination of the Subject English under Calcutta University on 9-7-1987, 14-7-1987 and 15-7-1987 held at the Women's College Centre, Agartala for issuance of a Writ of Mandamus directing the respondents to declare him to have passed in the aforesaid Compartmental B.A. Examination.

(2.) I have heard Mr. N. Majumdar, the learned counsel appearing on behalf of the petitioner and Mr. B. Das, the learned senior counsel appearing on behalf of the respondents.

(3.) The petitioner's case, shortly put, is that in the year 1986 he appeared in the B.A. Examination of the Calcutta University as an external candidate. But he could not secure pass mark in the subject English and hence he was allowed a chance to sit for the Compartmental Examination for the same subject which was held on 9-7-1987, 14-7-1987 and 15-7-1987 at the Women's College Centre of Agartala. The petitioner was granted Admit Card indicating his Roll No. 117/MCXA/3 (Annexure-3). The petitioner appeared in the Compartmental Examination and he wrote his Roll Number as 117/MCXA/3 in the answer scripts. The result was published on 31-3-1988 and on obtaining a Booklet containing the result of the aforesaid Compartmental Examination ofCalcutta University, the petitioner came to know that he passed the B.A. Compartmental Examination of Calcutta University securing 95 marks in total out of 300. Thereafter the petitioner went to the College to get his mark-sheet when officials of the College informed him that the Roll Number which he wrote was of another candidate and that his Roll Number was 117/MCXA/0005. He was, however, supplied with the mark-sheet which showed that he was absent in all the three papers (Annexure-3). But Principal of the Women's College, Agartala in the mean time issued three Memoranda contained in Annexures 'D', 'E' and 'F' which would show that no candidate having the Roll Number as 117/MCXA/0005 appeared in the B.A. Compartmental Examination of that year. The petitioner, therefore, submitted a representation to the Controller of Examinations, Calcutta University but he was not favoured with any reply. So, he again sent a reminder by registered post with A.D. and the A.D. Slip which he received showed that that reminder was received by the Controller of Examinations,Calcutta University on 6-1-1988. But even though the petitioner approached the Controller of Examinations to cause enquiry into the matter and issue him a corrected mark-sheet, the Controller of Examinations, Calcutta University paid no heed to that and hence the petitioner has come up before this Court to have his result declared.