DHARAM CHAND CHAUDHARY,J. - (1.) THE complaint is that once the petitioner was BCA-IIIrd allowed to appear in year supplementary examination, held in the month of October, 2012, the respondent-University could have not withheld her result for any reason whatsoever and that withholding of her result by the respondent-University is highly illegal, arbitrary and also against the principles of natural justice. Hence, this writ petition with the following prayer:- "That a writ of mandamus may very kindly be issued thereby directing the respondents to declare the result of the petitioner of BCA IIIrd year examination without any further delay."
(2.) THE case, as set out in the writ petition is that the petitioner after having qualified for BCA Ist year examination in the month of April, 2012 had enrolled herself in BCA-IIIrd year. The respondent-University though failed to issue roll number to her, however, she was allowed to appear in the examination as per University Rules as a stray case candidate. In support of such contentions the petitioner has placed reliance on BCA IInd year detail marks card, Annexure P-1 and Annexure P-2, the sheets whereby the Centre Superintendent of Palampur Examination Centre had forwarded the answer sheets of the candidates who appeared in supplementary examination of BCA final year held in the month of October, 2012. However, when her result was not declared, she made the representation, Annexure P-3, which has been returned to her with the remarks "1st year passed in April 2012" "not eligible to appear in October, 2012/out of session". Aggrieved from withholding of her result, the petitioner has approached this Court by filing the present writ petition. The stand of the respondent-University as disclosed from the reply to the writ petition reads as follows: "That the petitioner has passed BCA 1st year examination in April, 2012 and becomes eligible to appear BCA IIIrd year in regular session of annual examination to be held in April, 2013 through Govt. College, Rajpur, however, the petitioner herself appeared in supplementary examination of October, 2012 in full subjects as stray case, which was not regular session and only for those students, who are under re-appear or compartment, as the BCA Course is practical based and the practical examinations are conducted in annual sessions every year in the concerned colleges. Further as per Ordinance 9.68(e) of the H.P. University Volume I The First Ordinance of HPU 1973 as amended up to date, the person who has cleared all the papers of First year is permitted to be promoted to third year. But in the case of petitioner, she cleared all the papers of 1st year in April, 2012 and, therefore, she could appear only in the annual examination to be held in April, 2013 as a regular student through the concerned college for which the replying respondent does not have any objection provided she otherwise fulfils other requirements. Hence, the present writ petition is not maintainable and deserves to be dismissed on this sole ground. It has further been averred that the petitioner was not eligible to appear in BCA IIIrd year in supplementary examination of October, 2012, thus the roll number was not sent. She is required to appear in regular session of April, 2013 through College and also to appear in the practical examinations conducted in the college or examination centre. But she herself appeared as a stray case at her own risk and cost, whereas no roll number was issued by the replying respondent."
(3.) IT is in this back-drop, we have gone through the record and also heard learned counsel on both sides.;