M.G.Mukherji, J. - (1.)This appeal has been preferred by the University of Calcutta, its Vice-Chancellor, its Controller of Examinations and its Assistant Controller of Examinations impugning a judgment and order dated 13th January, 1995 passed by a learned Single Judge of this Court in Matter No. 1908 of 1995 (Soumit Chakraborty v. University of Calcutta & Ors) whereby the learned Single Judge directed the University of Calcutta Authorities to examine the answer scripts of the writ petitioner respondent No. 1 within a period of 4 weeks from the date of the communication of the order and also publish his results within a period of 6 weeks from the date of communication of the said order.
(2.)In order to understand the facts of the case it would be necessary to traverse the background. The writ petitioner respondent No. 1 did not have the requisite qualification to get himself admitted in B.Com (Hons.) Course as per the University regulations promulgated under notification No. CSR/20/94. The requisite qualifications are to the effect that the candidate must have secured either (I) at least 45%, in mathematics in the School Final or Secondary Examination (Madhyamik Pariksha) or its equivalent or (II) must have passed in mathematics in the Higher Secondary Examination or its equivalent or (III) must have passed at least in two commerce papers one of which must be either Business Economics including Business Mathematics or Accountancy or both in the Higher Secondary Examination or in its equivalent examination. The petitioner sought his admission in Dum Dum Matijhil College of Commerce on 1.9.92. Under the regulations aforesaid it was clearly given out by the University that the College has to undertake the responsibility for admission to the Honours Course on the basis of aforesaid regulations. The writ petitioner respondent No. 1 immediately after his admission in the Honours Course obtained his University registration number and prosecuted the course for two years and as and when he was to sent up for the B.Com (Hons.) Part I Examination, it was detected that the writ petitioner respondent No. 1 did not have the requisite qualifications. On refusal on the Part of the University to accept his examination form the writ petitioner respondent No. 1 approached the University authorities and the controller of Examinations issued a letter to the Principal of Dum Dum Motijhil Evening College of Commerce that the application form of the writ petitioner respondent No. 1 could not be entertained inasmuch as the marks obtained by him in the Higher Secondary (10+2) was not clearly furnished. The writ petitioner respondent No. 1 thereafter moved this Hon'ble Court before a Single Judge and on 7.3.94 another learned Single Judge of this Court was pleased to pass the following order :
"The writ application is disposed of by directing the petitioner to furnish a xerox copy of the Higher Secondary mark sheet obtained by the petitioner for passing Higher Secondary Examination in 1992 with the College Authority positively by tomorrow and the College Authority is to forward the same to the University authorities by Wednesday next. The petitioner will also be at liberty to furnish a xerox copy of such mark sheet to the University authorities himself by Wednesday next and the University authorities are also directed to issue necessary Admit Card to the petitioner positively by Thursday next provided University gets xerox copy of the mark sheet as aforesaid either from tire college authority or from the petitioner himself by Wednesday next. This order is passed as a special case and is not to be treated as precedent. All parties to act on a signed copy of the minutes of this order on the usual undertaking."

(3.)Thereafter the learned Advocate for the writ petitioner respondent No, 1 having forwarded the xerox copy of the mark sheet to the University it was found that the writ petitioner respondent No. 1 secured a total number of 17 in Mathematics, 14 in Paper I and 3 in Paper II. It is the contention of the University that according to the regulations which are prevalent on the date of admission of the writ petitioner in the College i.e. 1.9.92, he ought to have secured at least 45% marks in mathematics in the School Final or Secondary Examination (Madhyamik Pariksha) or its equivalent or must have passed in mathematics in the Higher Secondary Examination or its equivalent or must have passed at least in two commerce papers, one of which must be either Business Economics including Business Mathematics or Accountancy or both in the Higher Secondary or its equivalent examination. Since the writ petitioner did not have any one of those qualifications the University moved before the learned Single Judge again and on 11.3.94 the said learned Single Judge passed an order directing the parties do put in their affidavits but in the mean time directed the University to issue admit card to the writ petitioner respondent No. 1 so as to enable him to appear in the ensuing B.Com (Hons.) Part I examination. The learned Single Judge however, made it clear that the answer scripts of the writ petitioner respondent No. 1 would not be examined without the leave of the Court and the said answer scripts would be kept separately in the safe custody. There was a further direction that the admit card should be issued by the University directly to the writ petitioner respondent No. 1, no matter whether the College authorities forward and/or send the name of the writ petitioner respondent No. 1 to the University in the mean time.
;