PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of a student and is filed of issue of a writ of mandamus commanding the respondents to issue provisional Registration Number in favour of the petitioner forthwith to enable the petitioner to appear in the first semester examination of Bachelor of Pharmacy scheduled to be held on December 6, 2012 and other consequential reliefs. The short fact of the case is that, the petitioner appeared at the Higher Secondary Examination, held in the month of March 2012 and the Joint Entrance examination held in April 15, 2012. On the basis of the form filled up by the petitioner and his result of the Joint Entrance examination, the petitioner was admitted to Netaji Subash Chandra Bose Institute of Pharmacy, Chakda, District Nadia in the Bachelor of Pharmacy course and he started his education accordingly.
(2.) THE petitioner deposited the registration fees for appearing at the first semester of the examination, but, the college authority informed that he could not be registered for the examination for the first semester and accordingly, his admit card was not issued. Being aggrieved, this application has been preferred. The respondent no.1 is contesting the said case by filing an affidavit-in-opposition contending, inter alia, that the petitioner did not succeed in the examination with the papers for which his admission to the Bachelor of Pharmacy could be entertained. The petitioner obtained 27 marks out of 100 in Physics in the Higher Secondary examination, but, in the online application form, he described himself as Pass in respect of Physics. He was admitted Provisionally to the said Bachelor of Pharmacy course, but, on scrutiny when it was detected that the petitioner did not obtain the qualifying marks for admission to the said course, he was denied registration. However, he was admitted to the first semester examination provisionally on the basis of the order of the Hon'ble Court. So, this application should be dismissed. Now, the question is whether the respondent no.1 can deny the registration of the petitioner at the time of commencement of the first semester examination, after taking admission according to the ranking, in the Bachelor of Pharmacy Stream. Upon hearing the learned Counsel for the parties and on going thorough the materials on record, I find that the petitioner appeared in the Joint Entrance examination and he himself filled up the marks obtained by him in the Higher Secondary Examination by making necessary entries online basis. As per system of the online, making entry of marks is to be done by the candidate. As soon as the marks are entered in the appropriate column by a candidate, then the matter remains centrally locked automatically and nobody has any hand to alter the marks as recorded by the candidate.
(3.) IN the instant case, no doubt, the petitioner has made entries in respect of the marks obtained by him in Physics including the remarks whether pass or fail. The petitioner appeared in the four optional subjects and if he fails in one of such optional subjects, it can be altered at his choice as the 4th subject altering the 4th as 3rd subject, in which he passed the said examination. The choice is entirely upon the petitioner to decide whether he would treat the same as pass or fail in respect of that examination. When the admission is made on the basis of merit list prepared on the basis of the result of the Joint Entrance examination, the petitioner got the chance of being admitted to the Bachelor in Pharmacy course at Chakda, Dist. Nadia.;