VIKASH ANAND Vs. CHANCELLOR OF UNIVERSITIES

JUDGEMENT

(1.) THE University has declined to declare the petitioner 'sresult of B.A. Part III (Geograph) Honours on the ground that he had passed the Part I examination (as non collegiate student) and Part II examination (as collegiate student) in the same year 1997. It is not denied that after having passed the Part I and Part II examination (in the same year) the petitioner was admitted to Part III, that he filled up the application form for appearing in the examination which was duly accepted by the University, that the University issued him an admit card for appearing in the Part III examination and on the basis of which the petitioner appeared in the Part III examination. But now the University turns back and takes a plea that as the petitioner had cleared Part I and Part II examinations in a manner not sanctioned by the rules, he should not have been allowed to appear in the Part III examination and hence, the University is not legally obliged to declare his result. Sayeeda Khatoon Versus Bibi Sayeeda Tahira Nahid

(2.) MR . Anjan Chakraborty, counsel for the petitioner pointed out that in an identical case of one Birendra Kumar the University had declared and published his result as would be evidenced from An -nexure 8/A.

(3.) MR . Chakraborty also invited my attention to an earlier order passed by this court in C.W.J.C. No. 9827 of 1999; Pashupti Sharma V/s. The Chancellor of the Universities & Ors. It is evident that the facts of this case and the case of Pashupati Sharma are quite identical but the counsel for the University pointed out that in that order in the last paragraph it was observed that the order will not make a precedent.