G.C.Bharuka, J. - (1.) The present writ application has been filed by the petitioner for issuance of a writ of mandamus directing the respondent University to publish her result of B. A. (Hons ) Sociology of the session 1988-89.
(2.) According to the petitioner, she had secured 44.33 per cent marks in B A. pass course examination. She was admitted to honours course by respondent No. 5 Principal of M. O. C. College Mobarakpur as per the recommendation of the Head of the Department of Sociology. After completion of the course in the college, pursuant to the admit card, she appeared at the examination but the result of the said examination has been detained on the ground that her very admission on the Honourse course was contrary to the regulations of the University, since no student securing less then 45% in a particular subject could be admitted to Honours course in that subject. The regulation 2 (ii) relating to admission in Honours course reads as under : "No candidate shall be allowed to offer Honours course in any subject unless he/she obtained at least 45 per cent marks in that subject at the Bachelor Pass Examination."
(3.) It may be relevant to state here that since the result of the petitioner has not been published without communicating any reason therefore to the petitioner, she had earlier filed another writ application being C.W.J.C. No. 6419/92 which was disposed of on 10-3-1992 with a direction to be University to take a final decision with regard to publication of result of the petitioner Pursuant to the said direction the University referred the matter to the examination Board which decided not to publish the result of the petitioner on the ground that the authorities had taken the admission of the petitioner in Honours course in relation of the aforesaid Regulation. The said decision has been filed as Annexure 'A' to the counter-affidavit. The material part thereof is being quoted hereunder : "The petitioner has secured two marks less than 45% in B. A. (Pass) Examination. It is true that the petitioner attended his Honours classes in Sociology during 1988-89 and was permitted to go for Honours examination after filling up the Examination form. Right at the time of admission itself the College Principal or its admission incharge should have thoroughly checked up the marks obtained in Sociology at B. A. Pass course. The very fact that the Examination was taken without checking up the marks obtained or without carrying for the fact that the regulation was being flouted establishes the apprehension that this was done deliverately by some ulterior motive. The College authority even at the time of forwarding the Examination from simply choose to ignore this violation possibly under the false impression that once forwarded by the college, the University will not have means of detecting this violation till its last stage." It has been further noticed in the said decision that: "The college in question is an affiliated one managed by a governing body and the University has not any disciplinary control either over the Principal or the office of Principal. Only punitive measure that the University can take against such affiliate colleges is to recommend the State Government for withdrawal of.....;