Appeal against direction to publish exam result. Held student ineligible by GPA for Part III due to non-appearance. Allowed.
Appeal dismissed holding no merit in contention.
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
Letters Patent Appeal No.1702 of 2015 Arising out of
Civil Writ Jurisdiction Case No. 10499 of 2014
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.... .... Appellants Versus
.... .... Respondents
================================================== Appearance : For the Appellants : Mr. R.K. Verma, Sr. Advocate. Mr. Shashi Bhushan Singh, Advocate. For the Respondents : Md. Ataur Rahman, Advocate. Mr. Anisur Rahman, Advocate. For Respondent No.2: Mr. Rakesh Kumar Jha, Advocate
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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 05-04-2016
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I.A. No. 7674 of 2015
The application is for condonation of delay of 50 days in filing the Letters Patent Appeal.
L.P.A. No. 1702 of 2015
Heard learned counsel for the appellants and the respondents.
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aforesaid examination. He appeared in B.A. (History Hons.) Part-II examination in December, 2008 and declared to have passed the said examination. But thereafter for three years i.e. in 2009, 2010 and 2011 the writ petitioner did not appear in the examination nor attended the sessions for academic studies. He appeared in B.A. (History Hons.) Part-III examination in all the papers in the year 2012. The result of the said examination was withheld by the appellants, which has been directed to be published by the learned Single Bench.
“7.1. There shall be University examination at the end of the first, the second and the third years of study to be known respectively as the B.A. (General/Honours) Part I Part II and Part III examination. No student shall be
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admitted to the B.A. (General) or B.A. (Honours) Part II class unless he has passed the B.A. (General) or B.A. (Honours) Part I examination and to the Part III class unless he has passed the Part II examination.
Provided that if a student fails in or fails to appear at, not more than two subjects at the B.A. (General/Honours) Part I/II examination he shall be promoted to the next higher class but he shall not be eligible for admission to the B.A. (General) or B.A. (Honours) Part III class unless he has passed the B.A. (General) or B.A. (Honours) Part I examination in the subject/subjects concerned.
Provided further that this facility for appearing in such carry over subject/subjects shall be available to a student at not more than three consecutive examinations.”
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Regulation will not have any application to the facts of the present case.
“8. Any registered student of the University may be admitted to the B.A. (General/Honours) Part I, Part II or Part III examination if he produces a certificate from the Principal of a college of (a) good conduct (b) completion of regular course of study in the college by fulfillment of the prescribed requirement of attendance at lectures, tutorials and/or practicals and by satisfactory record of tutorial and/or practical and by satisfactory record of tutorial and/or practical work and (c) having passed the college test or any other equivalent examination, for making him eligible for the University examination.
Provided that a candidate who has failed at any of these examinations or having completed the regular course of study by fulfilling all the requirements is prevented from appearing at the examination for reasons accepted as adequate by the Principal of the college and who has not joined a college again, may appear as a noncollegiate student at and up to three immediately following examinations without attendance at lectures and tutorials if he produces a certificate from the Principal of the college where he completed his regular course of study stating that
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nothing is known to the Principal against his moral character, and if such a candidate has offered any subject or subjects for which a practical examination is prescribed, other than Music and Home Science, also a certificate of having taken again a course of practical work at the college in each such subject for at least 16 periods, along with his application for admission to the examination.
Provided further that if a candidate for the B.A. (General/Honours) Part III examination has passed in other subject/subjects and failed to pass only in General Studies he shall have the option to appear in that single subject at the next examination, and if he passes therein it shall be taken into consideration in determination of his results.”
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passed by the learned Single Bench which may warrant interference in the present intra court appeal.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P.K.P./Sujit N.A.F.R.
U
2 issues framed by the court
Whether a student who did not appear for Part II examinations for three consecutive years is eligible to appear in Part III examination under the university regulations.
Whether the lower court's direction to publish the examination result was contrary to the prescribed regulations.
B. N. Mandal University
Amit Pratap Roy
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
