The Patna High Court held that a university cannot deny a marksheet to a student who passed the final part of an examination after admitting and examining them despite regulatory lapses.
Directs the University to issue the final mark-sheet and relevant certificates for the Part-III examination subject to an additional fee of Rs. 1000/-.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7795 of 2011
====================================================== Arvind Pandey, Son of Late Ajay Kant Pandey, resident of Girl’s School Road, Manihari, P.O. + P.S.- Manihari, District- Katihar. .... .... Petitioner. Versus 1. The B. N. Mandal University, Laloo Nagar, Madhepura through its Registrar. 2. The Vice Chancellor, B. N. Mandal University, Laloo Nagar, Madhepura. 3. The Registrar, B. N. Mandal University, Laloo Nagar, Madhepura. 4. The Principal, Rameshwar Yadav Manihari College, Manihari, DistrictKatihar. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Respondent/s : Mr. Arbind Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 22-10-2013 The petitioner prays for a direction to the respondent University to issue final Mark-sheet of Part-III of B.A. Sociology Honours Examination held in July, 2000 along with relevant certificates. 2. The petitioner after passing his Intermediate examination got admitted in B.A. (Hons) in Sociology in S.T. College, Katihar in the year 1993 under 1993-96 Sessions bearing University registration no. 54820/94. He passed Part-I examination held in the month of September, 1994. After passing Part-I examination, he did not continue his study with the earlier College and took admission in Rameshwar Yadav Manihari College,d Manihari, Katihar from where he appeared in Part-II
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examination after five years in the year 1999-2000. The petitioner successfully passed Part-II examination in 1999-2000, the result of which was duly published. The petitioner was admitted to Part-III (Hons), Admit Card was also issued for appearing in Part-III examination for the Sessions 2000-01 on the same registration number. It is not in dispute that the petitioner was successful in the examination. The University, however, has declined to issue him mark-sheet and other required certificates in view of relevant Examination Regulations.
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further case of the respondents that the petitioner got admitted in B.A. (Honours) Part-I course in the academic Session 1993-94 and thus his next Session to be admitted in Part-II is 1994-95. However, he got admitted in Part-II in the Session 1998-99, after a lapse of five years, which is not permissible as per the Regulations. The respondents reiterate that the Regulation allowed maximum of three chances of appearing in consecutive examination apart from main examination.
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the instant case, the petitioner took admission in 1998-99 Sessions after five years, which was in teeth of the Regulations, particularly, Regulation 7.1. However, the respondents would have been within their right to deny admission in Part-II in 1998-99 Session to the petitioner, as he was eligible to take admission only till 1997-98 Session. However, the respondents did not restrain the petitioner from taking admission nor the examination, and even the result was duly published and the petitioner was admitted in
Part-III.
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examination rightly or wrongly, the University cannot deny him the benefit of the result.
(One thousand) to the University.
(Samarendra Pratap Singh, J)
Uday/-
2 issues framed by the court
Whether the University can refuse to issue mark-sheet to a student who passed examinations wrongly admitted after a regulatory gap.
Whether the proviso regarding insertion of marks in previous Parts prevents the issuance of the marksheet for Part-III.
Colour shows how this judgement treated each authority
Bhawanand Jha Vs. B.N. Mandal University & Ors.Referred¶11
Bhawanand Jha Vs. B.N. Mandal University & Ors., reported in 2004(1) PLJR 260
Shri Krishna Vs. Kurukshetra UniversityExplained¶18
Shri Krishna Vs. Kurukshetra University, reported in AIR 1976 SC 376 · Who else cites this
1 provisions across 1 enactments
Arvind Pandey
The B. N. Mandal University and Others
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
