Pritee Kumari @ Priti Kumari vs B.R. Ambedkar

Harish Kumar, J

Heard the parties.

At the outset, learned Advocate for the petitioner submitted that a rejoinder to the counter affidavit filed on behalf of the respondent nos. 1 to 3 has already been filed but the same is not on record.

Office is directed to verify the same and place it on record.

The petitioner was the student of Bachelor of Arts History (Hons) for the Session 2011-2014 in Dr. Ganesh Rai Degree College, Sitamarhi falling under Babasaheb Bhimrao Ambedkar Bihar University (hereinafter referred to as, B.R.A. Univesity), Muzaffarpur, has approached this Court seeking a direction upon the respondents concerned to publish the final result of the petitioner of Bachelor of Arts History (Hons), having Registration No. 1308500394, Roll No. 2308560298 along with the mark-sheet.

Learned Advocate for the petitioner submitted that upon taking admission in course of Bachelor of Arts History (Hons) in the Session 2011-2014, the petitioner appeared in B.A. Hons. Part I examination. However, out of four subject, in one of the subject, the petitioner could not pass and thus, she was promoted to second year, but with a caveat to pass the uncleared subject paper of B.A. Hons Part-I, thereafter, she cleared the paper, which she could not pass in first year. Subsequent, thereto, the petitioner had also appeared in Part-II and further in Part-III examination held in the year 2015, however, her result of Part-III has not been published till date. Despite several efforts, when the petitioner could not get her result, she approached this Court by filing the present writ petition.

A counter affidavit has been filed on behalf of the respondent B.R.A. University. It has been apprised to this Court that from the record it transpired that in the History Hons, which comprises two separate papers, the petitioner appeared only in one paper and obtained 60 marks. She was marked absent in the second paper of the same course. As per the regulation, a candidate is obliged to pass in the History Hons with a minimum of 90 marks cumulatively in both papers. Since, the petitioner appeared in one paper and was absent in the second, she failed in the subject. It is further contended that there is no dispute that the petitioner passed her Part-II examination in 2013 and thereafter, she was produced an admit card for the Part-III examination, but her name did not find place in the University’s official tabulation register.

Taking note of the averments made in the writ petition, the University has also sought a report from the Principal, Dr. Ganesh Rai Degree College, Sitamarhi regarding status of the petitioner in examination. In response to the aforesaid letter, the Principal of the college concerned has informed that there is no evidence in the college with respect to passing of the Part-I examination, though it appears that petitioner has been shown to be promoted. It is also informed that in the tabulation register with respect to Part-III 2015 examination, the examination roll number of the petitioner is not available. The Principal also informed that all the details are available with the University.

Refuting the aforesaid contention, rejoinder to the counter affidavit has been filed bringing on record the mark-sheet of the Bachelor of Arts History (Hons) Part-I, which was duly cleared by the petitioner in the month of December, 2014 by obtaining total marks of 102 (Paper-1 :- 47 marks and Paper-2 :- 55 marks). Accordingly, she declared pass. The attendance report of the examination center with respect to Bachelor of Arts History (Hons) Part-III examination has also been placed on record, which clearly suggest that the petitioner had participated in each subject of Part-III examination.

Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the materials brought on record by way of reply to the counter affidavit, prima facie, this Court is satisfied that the petitioner had cleared her Part-I examination and in favour of the petitioner, a mark-sheet was also issued by the University, apart from the attendance report, which clearly suggest that she had all along appeared in all the subjects of Part-III examination.

In that view of the matter, this Court direct the University to consider the mark-sheet and the attendance report, discussed hereinabove, and if found to be genuine; issue original mark-sheet/certificate in relation to Part-III examination, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order.

The present writ petition stands disposed off with the aforesaid direction.