S.D. Agarwala, J. - (1.) Heard learned counsel for the petitioner and Shri D. Gupta, learned counsel for the University. The petitioner had appeared in the B. A. Part I Examination held by the University of Gorakhpur in the year 1984-85. The petitioner was a student of Satish Chandra Degree College, Ballia affiliated to the Gorakhpur University. The result of B.A. Part I Examination was announced by the University and in accordance with the Principal of the College issued a mark sheet to the petitioner. In this mark sheet, though the petitioner had failed in English and Theory of Geography, he was shown as passed. Since the petitioner was shown as passed, the petitioner attended classes for B.A. Part II and thereafter appeared in B.A Part II examination held by the University.
(2.) Before B.A. II examination result could be declared the University discovered that the petitioner had actually failed in B.A. Part I examination and by bonafide mistake in the mark sheet it was mentioned that the petitioner had passed and as such the petitioner's result was with held. The show cause notice was thereafter issued by the University to the petitioner as to why his result for B.A. Part II be not with held as he has already failed in B.A. Part I examination. The petitioner has, consequently filed the present petition in this Court seeking a writ of mandamus directing the University to declare his result for B.A. Part II.
(3.) It is not disputed that in fact, the petitioner had failed in B.A. Part I examination. Since the petitioner had failed in B. A. Part I examination, the University was right in not declaring the result of the petitioner for B. A. Part II examination.;