LAWS(GAU)-2009-1-48

VIPUL KUMAR SOLANKI Vs. GAUHATI UNIVERSITY

Decided On January 20, 2009
Vipul Kumar Solanki Appellant
V/S
GAUHATI UNIVERSITY Respondents

JUDGEMENT

(1.) Heard Mr. P.O. Nair, learned Counsel for the petitioner and also Mr. L.P. Sharma, learned Counsel appearing for the respondents.

(2.) THE petitioner was admitted in the 3 years B.Sc. Course of Gauhati University for the year 2003 and he appeared in the B.Sc. Part -I examination in 2004. He was unsuccessful in the said examination. However, lie again appeared in both part -1 and 2 examination in 2005 and declared pass in the B.Sc. Part -II examination in 2005. But he was not allowed to complete the Part -1 examination in 2005 as he was allegedly found exchanging his additional answer scripts with another examinee and was punished with department from appearing in any University examination in the subsequent year, i.e., 2006. The petitioner did not challenge the aforesaid punishment debarring him from appearing in the examination in 2006. Although he was debarred from appearing in any examination in 2006, in fact he was allowed to appear in the Part -I B.Sc. examination in 2007. In the said examination in 2007 he was successful and, thus, he cleared the Part -I B.Sc. examination in 2007. Thereafter, he applied for and deposited the requisite fees, etc., for appearing in the part -III B.Sc. examination in 2008 and the respondent University issued Admit Card in his favour. Accordingly, the petitioner appeared in the B.Sc. Part -III examination in 2008. The result of the petitioner in respect of B.Sc. Part -3 examination has been withheld. The petitioner has come before this Court for a direction to the respondent University to declare the result of the aforesaid part -III B.Sc. examination. Before approaching this Court the petitioner made a representation (Annexure -14) on 10.7.2008 to the controller of examination, Gauhati University followed by second one, i.e., Annexure -15 dated 23.7.2008 forwarded by the Principal, Nagaon College on 24.7.2008 which yielded no positive result.

(3.) COUNTERING the submission of Mr. Nair, it is submitted by Mr. Sarma, learned Counsel for the respondents that the petitioner was debarred from appearing in any examination in 2006. By the time he appeared in Part -I B.Sc. examination in 2007, he has exhausted all the chances available to him under Rule 12(h) of the regulation for B.Sc. (TDC) Course. He, in fact, appeared in B.Sc. Part -I examination in 2007 as a fresh candidate under a fresh chance. The petitioner was required to appear in Part -II examination in 2007 and the result declaring the petitioner successful in 2005 can not be taken into consideration. In this regard Mr. Sarma has taken me through the statement made in para 6 of the affidavit -in -opposition filed by the respondent Nos. 1, 2 and 3 which is quoted below: