PRAVEEN KUMAR JHA Vs. PATNA UNIVERSITY

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner for issuance of a writ of mandamus directing the respondents Patna University and its authorities to publish the result of the petitioner of B.Com. (Hons.) examination.

(2.) THE petitioner had undertaken the course of B.Com. (Hons.) Part I in 1988 by getting himself enrolled as a student in Vanijya Mahavidyalaya College of respondent which is one of the constituent colleges of Patna University. He appeared in Part I examination which had commenced on 8.11.1989. According to the petitioner though he passed in all the papers but in the subject Financial Accounts he could secure only 33 percent. Accordingly, he opted to appear for re-examination in the said subject in the next examination held on 20.1.1991 and secure 61 percent. Subsequently he appeared in B.Com. (Hons.) Part II and Part III examinations which commenced on 16.3.1991 and 12.5.1992 respectively. According to the petitioner though he has passed in all the subjects in all the three parts but still the respondents are not declaring his result which shows their arbitrariness and malafide.

(3.) BEFORE dealing with the facts of the present case, it is necessary to notice that the Inter University Board established under Section 2 of the Bihar Inter University Board Act, 1981, in order to improve and maintain the standard of examinations in the Universities and bring about an uniformity in the Universities of the State in this regard, suggested framing of regulations for Bachelor Commerce (General/Honours) examinations. These were duly approved by the State Government and were communicated by the Chancellor to all the Universities for implementation as is evidence from a communication of the Governor's Secretariat dated 13.10.1988 (Annexrue 'A'). Clause 7.1 of the Regulations deals with the examination which leads as under: