SHIV SHANKAR Vs. VINOBA BHAVE UNIVERSITY

JUDGEMENT

(1.) MR . U.K. Shikarwar, appearing for the petitioner, submitted that petitioner was admitted in B.Sc. (Hons) for the session 1990 -93 in Bokaro Steel City College under Vinoba Bhave University, Hazaribagh. In 1992, he failed in Part I examination. In 1993 also, he could not appear in the examinations of Part I and II. However, in the examination of Part I held in January, 1994, he passed on 10.6.1994 but he was allowed to sit in examination for Part II in May 1994. He passed Part II examination on 10.8.1994 and then he took part in Part III examination in September 1994, which he passed in December 1994. The Provisional pass certificate and Migration certificate were issued in 1995. Thereafter, he got LLB degree from Bhagalpur University and is continuing with his LLM course. When he applied for enrolment with Bar Council, the original Graduation Certificate was asked for. Accordingly, petitioner requested for original Graduation Certificate from University. The University asked for the original mark sheets, which he applied. Thereafter, by the impugned order, his mark -sheet and the Provisional pass certificate of Graduation were cancelled. Mr. Shikarwar submitted that such action after 13 years will be very harsha and it will adversely affect the career of the petitioner and therefore the said order contained in Memo No. 386 dated 1.10.2007 (Annexure -15) be quashed and the University be directed to declare the result and issue pass certificate of Graduation in favour of the petitioner.

(2.) MR . R.K. Singh, appearing for the respondents, on the other hand referring to clause 6 of Courses of Study (Annexure -C) submitted that unless a student passes Part I examination, he cannot sit in Part II examination and similarly unless he passes Part II examination, he cannot sit in Part III examination but in this case petitioner sat in May, 1994 for Part II examination before the result of Part I examination was declared on 10.6.1994 and accordingly the result of Part II examination and consequently the result of Part III examination both were liable to be cancelled. He further submitted that this position was known to the petitioner. Moreover, action has been taken against the erring officers.

(3.) PETITIONER cannot plead ignorance about courses of study. Admittedly, he sat in Part II examination in May 1994, whereas the result of Part I was declared thereafter i.e. in June 1994. Accordingly, the result of Part II examination became illegal and consequently the result of Part III examination also became illegal. Petitioner also cannot complain that the University has taken such steps after 13 years, because only after petitioner moved for the original certificate, all these illegalities were detected and the said actions were taken.