ARBIND KRISHAN Vs. JHARKHAND ACADEMIC COUNCIL THROUGH ITS SECRETARY,
LAWS(JHAR)-2010-8-97
HIGH COURT OF JHARKHAND
Decided on August 18,2010

Arbind Krishan Appellant
VERSUS
Jharkhand Academic Council Through Its Secretary, Respondents

JUDGEMENT

R.K. Merathia, J. - (1.) HEARD .
(2.) IT is submitted by Mr. Banerjee that petitioner was declared pass in the I.Sc examination Session -2007 -09 by treating the additional subject of Hindi as optional in place of Math, in which he failed. Then he appeared in compartmental examination for Math in terms of Rule 43 of Regulations for Examinations of Jharkhand Academic Council, Ranchi but the result was not declared. Then for improvement of performance in terms of Rule 47, he again appeared in succeeding year i.e. 2010, for which admit card was also issued, but the result has not been declared. On the other hand, Mr. Rajesh Kumar, appearing for the respondents, submitted that petitioner was declared pass and therefore as Rule 43 was not applicable the result was not published. He further submitted that as the petitioner did not pass in Math, his case will not come under Rule 47 as improvement cannot mean trying to pass in a paper in which the candidate has failed. Clarifying this position, he referred to Rule 42 and submitted that at best the result of the petitioner can be declared for Math only in terms of Rule 42.
(3.) IN the circumstances, respondents are directed to issue result of the petitioner of 2010 examination only with regard to Math paper in terms of Rule 42, as early as possible and not beyond 25th August, 2010.;


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