Noorul Absar vs The Bhupendra Narayan Mandal University

Ajay Kumar Tripathi, J.—Heard counsel for the petitioner, counsel for the University and counsel for the respondent college, respondents No. 5 and 6. Petitioner was a regular student of respondent No. 5. He was pursuing a degree in B.Tech.; Electronics and Communication. The course of the study was supposed to be a session of 2003-2007. It is the stand of the petitioner that he had appeared and cleared all The papers of the 3rd year examination except one paper of Instrumentation in which no marks was awarded in the sessional paper by the Institution. Some confusion prevailed, the issue. According to the petitioner, he also appeared for the 4th year and has cleared his examination but the result was not declared, Therefore he was in the dark. When his insistence for declaration of result failed to beget him any end output, he decided to approach the High Court.

The missing marks have been provided by the Institution. Petitioner had failed in only one paper in the 3rd year and that is the reason why he was permitted to continue his study in the 4th year and appeared in the examination, which was the final year.

Stand of the University is that the petitioner was not eligible to be permitted in terms of Regulation 12. But if the fact that the petitioner had failed in only one paper is taken into consideration, Regulation 12 does not come in play for the study in the next year or for the examination. There was chaos prevailing in this regard partly contributed by the University and partly by the Institution. But now that the result for the 3rd year is no longer an issue, petitioner seems to have cleared all the papers for which mark-sheet have been provided for in the supplementary counter affidavit filed by the University. They have an obligation now to declare the result of the petitioner for final year and if he has cleared his papers, the necessary mark-sheet and certificate in this regard will be issued within a period of six weeks from the date of production of a copy of this order. Writ stands disposed of.