SOHAIL YASIN AHMAD Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) IN this writ application, prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents i.e. Magadh University to declare and publish the petitioner 's result of the B.Sc. (Botany Honours) Examination. Alternatively his prayer is to direct the respondents to permit him to appear in the Hindi composition subject for non -Hindi students in B. Sc. Part -II Examination.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that after passing the B.Sc. Part -I (Honours) Examination conducted by the Magadh University (for short the University) petitioner appeared in B.Sc. Part -ll (Honours) Examination 1997. His result was published and was declared pass although in the subject of Hindi composition for non -Hindi students, he had secured only 12 marks out of 50 marks for which pass mark is 15. Petitioner ultimately appeared in B.Sc. (Honours) Part -Ill Examination, 2000 which commenced from July, 2001 and the result of the said examination was declared in February, 2002 but his result was withheld.

(3.) MR . Md. Fazal Ahmad appearing on behalf of the petitioner submits that petitioner appeared in B. Sc. Part -ll examination, 1997 and although he secured only 12 marks in Hindi composition for non - Hindi students, he was declared passed and at later stage the respondent -University cannot refuse to publish the result on the ground that petitioner had secured 12 marks in Hindi composition. Mr. Kumar, however, appearing on behalf of the University submits that the petitioner was promoted to the next class with the condition that he will clear the subject within the prescribed period and the petitioner having not cleared the subject within the prescribed period, the very appearance of the petitioner in the B.Sc. Part -Ill examination is illegal and hence the respondent -University rightly did not publish the result of the petitioner.