TANZARAFTAB Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondent University to publish the result of B.Sc. Part III examination. Alternatively, the prayer made by the petitioner is to direct the respondent University to allow him to appear in the Hindi composition subject for non -Hindi students of B.Sc. Part -l course and on petitioner passing in the said subject, publish the result.

(2.) SHORN of unnecessary details, facts giving rise to the present application, are that the petitioner appeared in B.Sc. Part -l (Hons) examination 1997 in Electronics from Magadh University, Bodh Gaya. Although he had obtained only 11 marks (Annexure -1) in the subject of Hindi composition for non -Hindi students but was declared to have passed in the said examination. Thereafter, he appeared in B.Sc. Part -ll examination 1988 and was promoted to B.Sc. Part -Ill course on the ground that he had not obtained pass marks in his subsidiary subject i.e. mathematics. He later on appeared in his mathematics paper and declared pass (Annexure -4). Thereafter, the petitioner appeared in B.Sc. Part - Ill (Hons) examination but his result has been withheld on the ground that in Hindi composition for non -Hindi students of B.Sc. Part -I examination, he had failed. It is the stand of the petitioner that he intended to appear in Hindi composition subject for non -Hindi students of B.Sc. Part -I but he is not being allowed to appear in the said paper and he has been asked to appear in all the papers of all the examinations right from B.Sc. Part -I.

(3.) FROM that, it is evident that the petitioner has been declared passed in B.Sc. Part -I examination. Thereafter, he was promoted to B.Sc. Part -Ill and thereafter declared to have been passed B.Sc. Part -ll examination. The petitioner then appeared in B.Sc. Part -Ill examination and his result has been withheld on the ground that he has not cleared the subject to Hindi composition for non -Hindi students of B.Sc. Part -I. Further the petitioner is not being allowed to appear in the said paper and is being asked to appear in all the examinations right from B.Sc. Part -I.