SHIVANI KAUSHAL Vs. PUNJABI UNIVERSITY, PATIALA ETC.

JUDGEMENT

(1.) The appellant had instituted a suit for mandatory injunction for issuing a direction to the defendants to declare the result of the plaintiff for M.A. (Hindi) Part-II examination conducted by the University. The University has declined to declare the result of the plaintiff because her candidature with regard to M.A. Hindi is stated to have been cancelled on the ground of ineligibility, however, after lapse of more than two years.

(2.) On the basis of the proper appreciation of evidence which was produced before the trial Court the suit was dismissed, and in appeal, the judgment and decree of the trial Court was confirmed. I find no legal or any other infirmity in the judgments of the Courts below which would justify interference by this Court, specially in second appeal.

(3.) The main contention of learned counsel for the appellant is that Clause 2 of the Instructions for the candidates pre-supposes that a candidate can appear in two examinations. As such the University could not have cancelled the candidature of the plaintiff-appellant on the ground that she was not entitled to appear in the second examination.