KAMAL DEV Vs. H P UNIVERSITY

JUDGEMENT

(1.) ORDER Present civil writ petition is filed under Article 226 of the Constitution of India pleaded therein that on dated 22.4.2014 examination of BCA 3rd year Database Management System (BCA 303) paper was held. It is pleaded that question paper was not in conformity with the prescribed syllabus and questions having 64 marks were out of prescribed syllabus. It is pleaded that more than 50% of the question paper was out of prescribed syllabus. It is further pleaded that petitioner immediately filed a complaint with regard to the aforesaid act with the request to look into the matter and factum of 50% of question paper being out of syllabus was admitted by Principals of various colleges as per the report. It is pleaded that petitioners among other students represented to respondent No. 3 to award them appropriate grace marks in order to enable them to take admission in MCA course. It is pleaded that matter was also taken up with Vice Chancellor of H.P. University with request to award grace marks as they were not able to attempt more than 50% questions which were out of prescribed syllabus and further pleaded that thereafter decision was taken to give five percent grace marks to students and thereafter H.P. University declared the result after giving five percent grace marks to students. It is pleaded that due to acts of omission and commission on the part of respondents the career of petitioners is at stake and entire year would be wasted. Prayer for acceptance of writ petition sought.

(2.) PER contra response filed on behalf of non -petitioners Nos. 1, 3 and 4 pleaded therein that on receipt of complaint the concerned Chairman was requested to look into the complaint and submitted his comments/recommendations in the matter. It is pleaded that papers setter was also requested to give his comments. It is pleaded that in the meantime decision was taken not to declare the result and University received the reply from paper setter on dated 4.6.2014 wherein it was stated that no question was set out of syllabus. It is pleaded that Chairman of the department pointed out that few questions were out of syllabus and he opined that five percent grace marks be given to students. It is pleaded that out of 1485 students 1184 students have cleared the paper of BCA -303 (Data Base Management System) and maximum marks obtained by candidates were 70 out of 80. It is pleaded that opinion given by Chairman to award five percent grace marks was approved by Vice Chancellor of University on dated 24.7.2007 and consequently result was declared. It is pleaded that decision taken by Vice Chancellor of University was in consonance with recommendations submitted by Chairman of the department. It is pleaded that all petitioners have cleared all other papers except BCA -III year (Data Base Management System) held in April 2014. Prayer for dismissal of petition sought.

(3.) COURT heard learned Advocate appearing on behalf of the petitioners and learned Advocate appearing on behalf of nonpetitioners Nos. 1, 3 and 4 and learned Additional Advocate General appearing on behalf of the non -petitioner No.2 and Court also perused the entire record carefully. Following points arise for determination in this civil writ petition: -