Satyabrata Sinha, J. - (1.) The writ petitioner being aggrieved by and dissatisfied with the judgment and order dated 15.5.1997 passed by a learned single Judge of this Court dismissing the writ petition in limine has filed this appeal.
(2.) The basic fact of the matter is not in dispute. The petitioner passed 10+2 Examination through Patrachar Vidyaiaya affiliated to Central Board of Secondary Education, in the year 1995. The Certificate was granted by the Central Board of Secondary Education. She thereafter . took admission in the 1st year of Bachelor of Arts Course in Gurudas College. No objection to her admission was taken. She was allowed : to continue her study for two years. She fulfilled all the criteria for appearance at the examination. For the purpose of appearing in the Bachelor of Arts (Pass) Course final examination, she filled up the form and deposited all the fees. She, however, did not receive the admit card, She, therefore, filed the above writ application praying, inter alia, for the following reliefs : "(a) Writ in the nature of mandamus directing the respondents- : Calcutta University and its authorities including the respondents Nos, 2 and 3 to refrain from giving effect or further effect to the impugned p notice as in annexure A hereto with a further direction to rescind, recall and/or withdraw the same ; (b) A further writ of mandamns directing the respondent Calcutta University and its authorities including the respondent Nos. 2 and 3 to grant registration number and/or certificate therefor to the petitions Atreyi Mitra and also to issue Admit Card in her favour forthwith so that on the basis of the same, the petitioner can sit in the ensuing B.A. Pass Course Final Examination of Calcutta University Scheduled to be started on and from 15th May, 1997. (c) Writ of Certiorari calling upon the respondents to certify and to produce or cause to be produced all records pertaining to the case of the petitioner before this Hon'ble Court so that conscionable justice may be done by issuing appropriate writ order and/or direction;"
(3.) The learned Trial Judge, upon referring the decision in the case of Pratiksha Bhatia & Ors. v. The University of Calcutta & Ors., reported in 1996 WBLR (Cal) 126 : AIR 1996 Cal 237 held, inter alia, that keeping in view the fact that the Calcutta University had issued instructions to all such colleges, the college authorities must be presumed to be aware of the said bar and in that view of the matter the decision of this Court in Pratiksha Bhatia & Ors. v. The University of Calcutta & Ors , (supra) is not applicable. The learned Trial Judge, inter alia, held that by taking admission in the Bachelor of Arts Course (Pass), the petitioner did not derive any legal right to maintain the writ application. It was further held that the writ application should not be entertained as the same had been filed after a long time.;