RAJ KUMAR SINGH Vs. BHUPENDRA NARAIN MANDAL UNIVERSITY

JUDGEMENT

(1.) This writ petition on behalf of the sole petitioner has been filed seeking direction on the respondents to publish his result of B.Sc. Chemistry (Hons.) Examination.

(2.) The relevant facts which are not in dispute are these. The petitioner took admission in the B.Sc. Chemistry (Hons.) course in D.S. College, Katihar under B.N. Mandal University in the Session 1993-96. The B.Sc. Chemistry (Hons.) course consists of three parts, at the end of each part, University examinations are held which the candidate is required to pass. In terms of Regulation 7.1 a student who does not clear the examination cannot be admitted to the next Part, that is, if he does not clear Part I examination he cannot be admitted to Part-II. However, if he fails in or fails to appear at not, more than two subjects at Part I/II examination he may be promoted to the next higher class provided that he is not eligible for admission to Part III, unless he has passed the Part-I examination in the subject/subjects concerned. In the instant case the petitioner cleared Part-I examination on time, at Part-II examination held in 1996 however, he failed to clear Chemistry (Hons.) and Physics subsidiary subjects. (Such examination which was scheduled to be held in 1995 was in fact. held in 1996 to be precise on 31-5-1996) At the next examination in which he appeared in the failed subjects, he cleared the Chemistry (Hons.) subject but he could not again clear the Physics subject. The said examination was held on 16-6-1997. In the next examination held on 5-1-1998 again he failed to clear the subject. He ultimately cleared the Physics subject in the next attempt on 2-12-1998.

(3.) A doubt initially arose as to the number of examinations in which the petitioner appeared. Later the question arose as to whether the number of examination referred to in the second proviso of Regulation, 7.1 includes the regular examination also or not. It may be mentioned here that in terms of second proviso to Regulation 7.1 a candidate is permitted to appear in not more than three of consecutive examinations. After hearing counsel for the parties on the point, I am of the view that the number of examinations referred to in the above proviso does not include the regular examination. The proviso runs as under :-