ANUBHAV CHAMARIA S/O SRI BAI KRISHNA CHAMARIA Vs. VEER KUNWAR SINGH UNIVERSITY, ARA THROUGH THE VICE-CHANCELLOR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the respondent University.

(2.) The petitioner came to this Court earlier in CWJC No. 13642 of 2009 with a prayer for declaration of his third year result of the degree examination in Accounts (Honours).

(3.) The order dated 28.10.2009 of this Court specifically notices that the petitioner had cleared all main and subsidiary papers of the first and second year of the course. He was permitted to appear in the third year also but the result was not being published. It was further noticed that his first and second year result had also 'been published. This Court relied upon two judgments of the Supreme Court to hold that once the candidate had been allowed by the University to appear at the examination, the results were bound to be published except in what may be a case of fraud. The writ petition was disposed with a direction to the Vice-Chancellor to examine the matters appropriately and dispose by a reasoned and speaking order. In pursuance thereto the impugned order dated 15.12.2009 has been passed. It states that contrary to procedure the petitioner did not appear at the subsidiary papers alongwith the main examination in the second year. He appeared in the subsidiary papers at the main examination of the third year. This was contrary to the regulations when the petitioner was guilty of fraud by not filling up his examination form for the third year making adequate declaration in this regard.