ROHIT SHARMA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THE petitioner has been a student of Gandhi Memorial College, Jammu studying in B. Sc, Part -I with subjects of Botany, Zoology, Chemistry and English. He had to appear in the annual examination of B. Sc. Part -I session 1994 at Jammu. According to the petitioner, he had completed all the requisite formalities and was allotted Roll No. 213101, and a Roll No. slip was issued in his favour by respondent No. 4. The examination centres were notified and the petitioner was required to appear for examination at Gandhi Memorial Science College, Jammu. According to the petitioner, he appeared for examination in English, Botany and Zoology. Last of all, he had to appear in Chemistry on 18 -5 -1994. When he reached the examination centre and entered the examination hall, he was not permitted to sit in the examination by the Superintendent of the Centre. According to him, he was informed by the Superintendent that he had not completed the requisite number of lectures in the discipline of Botany, and therefore, the petitioner was not eligible to sit in the examination. The petitioner denies that he was short of attendance in persuing the lectures in any of the subjects. Thereafter, the results came to be declared on 30 -7 -1994. Against the petitioners Roll No. "sessional Awaited" is mentioned. Therefore, his results were not declared. According to the petitioner the Principal of the Collage had told the petitioner that he would recommend his case to the University, so that he could re -appear in Chemistry paper in a subsequent examination - Till date, neither the result of the petitioner has been declared nor has he been allowed to take examination in Chemistry (c) in which he had not appeared in annual session of 1994, therefore, he filed this writ petition.

(2.) COUNTER has been filed, in which the respondents have contended that as per the University Statutes, a candidate is required to attend 66% of lectures in each of the subjects opted by him in the College, before he is declared legible for appearing in the examination. According to the Statutes, shortage of five lecture in theory and three lectures in practicalâ„¢s in each of the subjects can be condoned, and in case it is not condoned, the candidates are not allowed by the University to appear in the examination. That can only be allowed in a subsequent supplementary examination, provided the candidates attend the classes as regular students and complete 66% lectures. It has been admitted that the petitioner was persuing the course in General English, Botany, zoology and Chemistry subjects, but he bad not attended the requisite number of lectures in Botany (theory). It has further been averred by the respondent University that Roll numbers are allotted to all those candidates whose admission -cum - permission forms accompanied with fees are received by the University. The Roll numbers are issued and sent to the Principal of the College concerned with a direction that Roll number slips be given to only those candidates who are eligible. According to the University, the petitioner appeared in the examination either due to oversight in the office of the Principal GGM Science College or in connivance with the administrative staff of the said College. And when it came to the notice of the Superintendent Examination centre that the candidate was not eligible he prevented the petitioner from appearing in the examination in Chemistry paper (C) on account of in -eligibility.

(3.) I have heard learned counsel for the parties and perused the record. Counsel for the petitioner submits that once he was given the Roll number and allowed to appear in the examination of various papers, he could not be prevented from appearing in the last paper. That the petitioner could not be prevented at the last stage from appearing in Chemistry paper (C) without affording him an opportunity of being heard, He further submits that the action of the University is against the rules of natural justice, and on this court alone, it merits to be quashed. He further submitted that even in terms of the University Calendar, under Statute 2 of Chapter XXX once the Roll Number slip is issued, the University has no authority to cancel the permission granted by it to a candidate for sitting in the Examination, Statute(2) of Chapter XXX is reproduced below : "A candidate for any examination of this University shall on or before the date prescribed for the purpose vide Appendix -II submit to the Controller of Examination his/her application for permission on the prescribed form alongwith the fees and certificates signed by an officer authorised for this purpose vide Statute 3 herein -after appearing to the effect that he/she has fulfilled all the conditions laid down by the University in this behalf and is of good character."