BIRESWAR MOHAPATRA Vs. PRINCIPAL, RADHANATH TRAINING COLLEGE AND ANR.

JUDGEMENT

(1.) PETITIONER was admitted into the Radhanath Training College at Cuttack for the Bachelor in Education Course of the Utkal University during the academic session of 1974 -75. He alleges that in the month of February, 1975, he submitted his application for being allowed to take the University Examination. He was declared eligible, paid the requisite fee for the examination and claims to have been assigned a roll number being 95. Under Regulation 3 of Chapter V. of the Utkal University Regulations, the courses of study extend over one academic year and comprise of five papers. Paper I to IV relate to theory while paper v. covers practical test in teaching, carrying total marks of 300. The practical examination began on 17th of March and continued till 24th of April, 1975. Examination in the theory papers was scheduled to begin on 5 -5 -1975. A notice was hung up on the notice board on 3 -5 -1975 to the effect that Petitioner was not entitled to take further examination, inasmuch as he had not the requisite attendance. It is not necessary to deal with further aspects of the matter as Mr. Das for the Petitioner at the hearing confined his argument to one point, namely that the Petitioner must be taken to have appeared at the examination held between March and May, 1975 and must be deemed to be a failed candidate so that he would be eligible to appear as a failed candidate of previous year in the 1977 examination.

(2.) TWO counter affidavits have been filed one by the Principal and the other by the University. As far as relevant for the contention of Mr. Das, the counter affidavits indicate that the Petitioner had shortage of attendance in some of the theory subjects. Though Petitioner's application for being permitted to take the examination had been forwarded by the principal in February, 1975, the Principal had not certified at that stage that the Petitioner had the requisite attendance. It is conceded that the Petitioner had taken examination in the practical paper which began on the 17th of March, 1975, but by then teaching for the sessions had not been completed and theory classes were held in March and April of 1975. On the basis of the total number of classes held during the year (taking into account the classes held in March and April, 1975), Petitioner fell short of the requisite percentage of attendance and, therefore, he was rightly debarred from sitting at the further examination which was scheduled to begin from 5th of May, 1975.

(3.) WE allow the writ application to the extent that the Petitioner is entitled to take the B. Ed. Examination of 1977 and we direct the Principal to recommend his case to the University in case he is satisfied about his suitability. But it is made clear that the Principal cannot withhold the Petitioner's application on the ground that he did not have the requisite percentage in attendance in the academic session of 1974 -75 when he was a regular student of the Training College. We also direct the University to consider the application of the Petitioner on the basis of the recommendation to be made by the Principal and the University shall not reject the application on the ground of shortage in attendance.