RANJIT KUMAR DOKANIA Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) HEARD Mr. M.S Anwar, learned senior counsel for the appellant, Mr. A.K Mehta, Mrs. Indrani Sen Choudhary, learned Counsel appearing for the University and also the learned Counsel appearing for the State.

(2.) THIS letters patent appeal is directed against the order dated 29.8.2006 passed in WPC No. 2011 of 2004 whereby the learned Single Judge dismissed the writ petition as not maintainable on the ground that similar writ petition was filed by the petitioner being CWJC No. 3161 of 1999 and the same was disposed of judgment and order dated 13.6.2002. In the earlier writ application being CWJC No. 3161/2002, the petitioner sought relief for issuance of appropriate writ directing the respondents to publish the result of the petitioner of IVth year B.Sc. Engineering (Computer Science) Examination which was held in the year 1994. Petitioner's case was that he was admitted in Bihar Institute of Technology, Sindri, Dhanbad in B.Sc. Engineering (Computer Science) Course for the Session 1988 -92. He appeared in the 1st year B.Sc. Examination held in the year 1989 but was declared failed in paper Nos. 6 and 7. As per the norms and rules, the appellant was promoted to 2nd year B.Sc. Engineering subject to clearance of the aforesaid two examinations. The appellant applied for scrutiny of the paper Nos. 6 and 7 of the 1st year. The appellant was allowed to appear in the 2nd year B.Sc. Engineering (Computer Science) Examination held in 1990(A) but failed. He cleared his 2nd year examination in the year 1991(A) in supplementary examination. The appellant case was that though he passed 2nd year examination but he was not allowed by the respondents to appear in 3rd year examination held in the year 1991. However, the appellant was allowed to appear in 3rd and 4th year examination in the year 1992 and he passed both the 3rd and 4th year examination. The grievance of the petitioner was that Respondent/Ranchi University cancelled 1992 result of the petitioner. Petitioner said to have appeared in the final year 1993 examination and having failed, again appeared in the final year (IVth year) examination held in the year 1994 and the result of the said examination was not published.

(3.) THE relief sought for by the petitioner in the second writ petition being WPC No. 2011/2004 is that respondent be directed to publish complete result of the petitioner of 3rd year B.Sc. Engineering Examination which was held in the year 1991 and also to publish result of 4th year examination after making proper scrutiny of three papers, namely, Microprocessor, Information System Design and Computer Arch., which was held in the year 1994.