Lovely Kumari vs Bhupendra Narayan Mandal University and Others

Narayan Roy, J.—Heard counsel for the parties.

This writ application has been filed for issuance of a direction upon the Respondents-University to publish the result of B.Sc. Mathematics (Hons).

It is submitted by learned Counsel for the Petitioner that the Petitioner appeared in B.Sc. (Hons) examination held in 2000 to clear B.Sc. Part-III course and she also appeared for one paper of Part-II and she has passed the examination but the University authorities are not publishing her result, saying that the Petitioner could not have appeared in one examination to clear two courses as per Rule 7.1 of the Regulation of the University.

Learned Counsel for the University submits that the result of the Petitioner has not been published as she has appeared in one examination to clear part-III course examination and also one paper of Part-II.

Learned Counsel for the Petitioner now submits that this question was gone into by this Court in the case of Akhtar Alam Vs. B.N. Mandal University and Others and this Court considering the facts and circumstances of the case held that on principle of equity the result of the Petitioner is required to be published even though there were certain violations of the regulation of the University. The case at hand is indentical to the case of Akhtar Alam (supra). The Respondent-University is the same.

Considering the facts and circumstances of the case, therefore, this case is disposed of in terms of the order passed in Akhtar Alam (supra) and the Respondents are directed to publish the result of the Petitioner and make available her mark-sheet forthwith.