CHAND MAL REGAR Vs. MDS UNIVERSITY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner appeared in B. Sc. Ist year Examinations, 2001 conducted by the respondent University and was declared failed in two subjects vide marksheet Annex. 1. THE petitioner applied for re-evaluation in three subjects and deposited requisite fee vide Annex. 2 After the re-evaluation, petitioner was declared passed vide Annex. 3 dated 9. 3. 2002 and corrected marksheet Annex. 4 was issued on 5. 03. 2002. Meanwhile petitioner was permitted to appear in B. Sc. Part II Examination and he deposited requisite fee vide Annex. 5 and 7. THE respondents also issued identity card Annex. 8 but the University has shown the petitioner absent in IIIrd paper of Chemistry vide Annex. 9.

(3.) CONSEQUENTLY, there is merit in this petition and the same stands accepted. The respondents are directed to permit the petitioner to appear in B. Sc. II year Practical examinations, as and when the same are held. Simultaneously, the respondents are directed to permit the petitioner to appear for B. Sc. III rd year examinations, subject to condition that after adding marks of practical examinations of B. Sc. II year, he is declared successful in B. Sc. II year. Petitioner may be permitted to appear in B. Sc. IIIrd year as private student, on the condition that result of his B. Sc. III year examination will be declared only when petitioner is found passed B. Sc. II year after adding the marks of B. Sc. II practical examination. .