NUSRAT JEHAN TABASUM Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) ON consensual submissions of the counsel for the parties the interim as also the main matter is taken up for final disposal.

(2.) ADMIT . The post admission notices is accepted by Mr. Kawoosa who has been representing the respondents' althrough. On the statement of Mr. Kawoosa reply filed by respondents at pre -admission stage is taken reply even at this post -admission stage.

(3.) PETITIONER who was to clear a one back log paper in B. A Final examination applied for admission to B.Ed. course in south Kashmir Teachers Training College, Pampore (SKTTC) affiliated with University of Kashmir for the session beginning June, 1996. She was admitted to the course. While prosecuting the course she cleared the back log paper in October session 1996. Her admission to the B.Ed. course in the college was confirmed and she was treated as regular candidate. At the end of completion of B.Ed. course/ programme, the petitioner after filling up the admission form to the examination appeared in the session May -June, 1997. She was allotted Roll No. and allowed to take the examination without any objection. She appeared in theory examination as also in practice of teaching conducted by the university. However, when the results of the B.Ed. examination was declared in March -April 1998 she and another candidate one Mymoona Akhter similarly placed and identically situated as the petitioner approached University and the University after verification of the records cleared their disputed eligibility and both were declared eligible and the results as declared in the notification of the University showed that the petitioner had failed in two papers. She took steps and submits the form after being duly filled in and complete other formalities for permission to reappear in the backlog papers. However, her case cleared and certified. She appeared in the examination but again failed in the paper while having by that time cleared the other seven papers. She again applied and filled the form for taking the examination in the paper. However, this time the University raised objection to her eligibility initially to join the B.Ed. course without having completed the B.A. Examination in full. The circumstances as given above and the actions of the respondents of having admitted her to B.Ed. training course and allowed her to appear in the examinations issued eligibility certificate for subsequent B.Ed. examination, were brought to the notice of the University yet she was not allowed to take the examination in the last back -log paper (paper 3rd of B.Ed. Course examination). The only alternative left to the petitioner was to come up with this petition with the prayer for the sought relief of her being permitted to take the examination after being admitted to the B.Ed. course declaration of result and any other relief the court deems just and proper.