PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of a student and is filed for issuance of a writ of mandamus directing the respondent authorities to allow the petitioner to appear in the 5th Semester back papers for the Business Administration Course held in December, 2008 under the respondent university and other consequential reliefs.
(2.) THE petitioner has contended that she passed Class-XII examination in the year 2006 and was admitted to the Pakim Palatine College, Pakyong, East Sikkim for Bachelor of Business Administration Course under the respondent university. Thereafter, 1st 2nd the petitioner appeared in the Semester examination, Rd 4th Semester examination, Semester examination, Semester examination, 5th Semester examination & 6th Semester examination. The result of the first 5 semesters was published, but, the 6th respondent university did not publish the result of the Semester and intimated the concerned college that the admission of the writ petitioner to the said college was treated as cancelled as she passed in four subjects instead of five subjects in the qualifying examination. Being aggrieved, this application has been preferred. 3. Now, the question is whether the action on the part of the respondent university is justified and whether the petitioner is entitled to get reliefs as prayed for. Upon hearing the learned Counsel for the parties and on perusal of the materials on recoRd, I find that though the petitioner appeared in the SSC examination, 2006, she got compartmental in the examination, but, she was declared pass in the compartmental examination held on August 7, 2006 and appropriate certificate was issued in duplicate dated August 7, 2006 / May 15, 2009 showing the statement of marks. The petitioner has filed the materials to show that the respondent university issued admit caRds for different semesters and that the petitioner appeared in different semesters and from such papers appearing as 5th Annexures to the application, I find that so far as the Semester examination, 2008 is concerned, the petitioner was declared qualified for 6th Semester with one or two back subjects in course no.21 and 23 vide Annexure P-2 appearing at page no.36 to the application.
(3.) THE respondent university is contesting the writ application, but, it is not in a position to deny the contents of this paper appearing at page no.36. By filing a written affidavit-in-opposition, the respondent university has contended that during the year 2007, 2008 & 2009 the results of the students were processed manually and generally the registration certificates were sent after a considerable period of time. The contention of the respondent as taken in the affidavit-in-opposition, in my view, cannot be accepted. The contention that the candidate had been allowed to fill up the examination forms without registration on condition that she had applied for registration and the fact that the candidate had no registration number at all was detected for the first time at the time of issuance of the final marks sheet after the 6th Semester examination is difficult to believe. For that reason only, it is contended that the final result of the writ petitioner had been withheld and not published and that her admission had been cancelled. It may be noted herein that the cancellation of the admission appearing at page no.45 was issued possibly on November 22, 2006, but, there is no indication that such cancellation of admission was communicated to the writ petitioner earlier. Above all, from the marks sheet appearing at page no.22 of the application, I find that the petitioner was declared pass in all the subjects and so, the question of passing four subjects only and not five subjects as contended does not arise at all. Above all, when the respondent university had issued successive admit cards and marks sheet for each of the semesters, I am of the view that the cancellation of admission, under such circumstances, cannot be stated to be justified at all. In this respect, reliance may be placed upon the decision of Shri Krishan v. The Kurukshetra University reported in AIR 1976 SC 367 : 1976 (1) SCC 311. In an unreported decision dated March 27, 2012 passed by a learned Judge of this Hon'ble Court in W.P. No.21226 (W) of 2009, this Court has held that when the concerned petitioner successfully completed 3rd to 7th Semester of the course in question and became entitled to 7th appear in the Semester, the learned Judge allowed him to complete his studies and the respondents were directed to pay costs.;