- (1.) The judgment of the Court was as follows : By this writ application, the petitioner, a student of LL.B. Course in the Jogesh Chowdhury Law College under Calcutta University has prayed for the following reliefs: (A) A declaration that the circular as disclosed in Annexure P- 10 to this application, which prohibits registration of students under the University of Calcutta, who passed Senior School Certificate Examination from Central Board of Secondary Education through Patrachar Vidyalaya, is violative of Articles 14 and 16 of the Constitution of India and accordingly be struck down ; (B) A Writ of and/or in the nature of mandamus commanding the respondents to forthwith revoke/set aside/cancel the order of the respondent No. 2 which was communicated to the petitioner vide letter No. ADM/CE/0/2003 dated 26.9.2003; (C) Issue a writ of and/or in the nature mandamus directing the respondents concerned to give registration number to your petitioner as a student of University of Calcutta forthwith; (D) Issue a writ of and / or in the nature mandamus directing the respondents concerned to issue mark-sheets of Part-I, Part-III and Part IV LL.B. examinations to your petitioner forthwith; (E) Issue a writ of and/or in the nature of certiorari directing the respondents concerned to transmit and authenticate the records of the case so that conscionable Justice may be rendered upon your petitioner upon hearing the parties. (F) Issue rule NISI in terms of prayer (A), (B) and (C); (G) Pass an interim order directing the respondents concerned to issue provisional mark-sheets to your petitioner of Part-I, Part-III and Part IV LL.B. Examinations till the disposal of the application; (H) And ad interim order in terms of prayer (D); (I) Pass any other or further order or orders, as Your Lordships may deem fit and proper."
(2.) . The facts giving rise to filing of the present writ application can be summed up thus :- a) The petitioner passed Senior School Certificate Examination from the Central Board of Secondary Education ("CBSE") in the year 1992 as a student of "Patrachar Vidyalaya" category and the CBSE gave migration certificate to the petitioner declaring "no objection" in her joining any recognized college or institution or taking examination of any University or Board established by law. b) In the year 1997, the petitioner enrolled herself in the faculty of law al Jogesh Chowdhury Law College under the University of Calcutta in LL.B. Course of five years. c) After her admission in the said College, the petitioner submitted all the required documents including migration certificate for the purpose of registering her name in the University of Calcutta, and accordingly the college authority sent all those documents to the University. d) The petitioner appeared in Part-I LL.B. Examination and prior to that admit card was issued to her wherein the registration number was mentioned as "Pending". e) The mark-sheet of Part-I LL.B. Examination was however, not issued to the petitioner and according to her, the College authority informed her that as her registration was pending, the mark-sheet was withheld. The college authority, however, permitted her to fill up the form for appearing at the Part-II examination and consequently, admit card was issued and she not only appeared at the examination but also passed Part-II examination as would appear from the mark- sheet issued by the University. f) Thereaftrer, the petitioner appeared at the Part-III examination and it will appear from the admit card that the registration number was even then shown to be "pending". The petitioner asserts that although she passed in such examination but mark-sheet was not issued and the University assured her that the same would be issued along with the mark-sheet of Part-IV examination. g) The petitioner, however, was permitted to appear at the Part-IV examination but ultimately the mark-sheet of such examination has not been issued. h) Being dissatisfied, the petitioner in the past moved another writ application before this Court being W.P. No. 12178 (W) of 2003 thereby praying for a direction upon the University to give registration number to the petitioner and to issue mark-sheets of Part I, Part III and Part-IV LL.B. Examination but the Hon'ble Justice Jayanta Kumar Biswas on August 12, 2003 was pleased to dismiss the said application as the same was not preceded by a demand of Justice before the University. His Lordship, however, granted liberty to the petitioner to make representation before the University. i) The petitioner, in terms of the order dated August 12, 2003 passed by Biswas, J. made a representation to the University praying for issue of the mark-sheets and the registration number. j) By a letter dated September 26, 2003, the Controller of Examination responded the representation along with a copy of the reasoned order passed by the Vice Chancellor of the University thereby rejecting the prayers of the petitioner.
(3.) The said reasoned order (Annexure 'P-10') is really the subject matter of this writ application.;