UNIVERSITY OF CALCUTTA AND ORS. Vs. RABINDRA NATH GHOSAL
LAWS(CAL)-2000-2-38
HIGH COURT OF CALCUTTA
Decided on February 07,2000

University Of Calcutta And Ors. Appellant
VERSUS
Rabindra Nath Ghosal Respondents

JUDGEMENT

S.B. Sinha, J. - (1.) Failure to publish the result of an examination on the part of the University would result in grant of damages or not is the question involved in this appeal.
(2.) The writ petitioner-respondent appeared at the M.A. Examination held in the month of November, 1983 as a private candidate. In the year 1985 results were published which in the case of petitioner was not declared being incomplete; the reason being that in the tabulation chart 2 marks had been shown in respect of one paper viz., 08 and 04. The petitioner took his admission in the Law Course in the year 1988.
(3.) On or about 10-12-1990 he made a representation where after allegedly on 6-4-1991 the Controller placed the matter before Vice Chancellor where upon it was directed that the highest number received by the petitioner should be granted. Allegedly a mark sheet had been issued prior to the filing of the writ application but the petitioner filed a writ application in May, 1991 claiming, inter alia, the following reliefs:- "(a) A writ of direction and/or order in the nature of Mandamus commanding the Respondents to publish forthwith his complete results with regard to his performance at the M.A Examination in Islamic History for the year 1983 under communication to him along with his relevant original Mark Sheet and Diploma/Certificate; (b) A writ or direction and/or order in the nature of certiorari commanding the Respondents to certify and transmit to this Hon'ble Court the entire records of the case relating to the petitioner's letter dated 12th March, 1991 being annexure 'F' of this application, so that conscionable justice may be done for publishing the Petitioner's results with regard to the M.A. Examination in Islamic History of the year 1983; (c) An interim order calling upon the Respondents to dispose of the petitioner's representation contained in his letter dated 12th March, 1991 to the Controller of Examinations, University of Calcutta, being Annexure 'F' of this application within such period as this Hon'ble Court deems fit and proper.";


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