Bir Bahadur Mishra vs State of Jharkhand and Others

Vikramaditya Prasad, J.

The Court

No instructions have been received/no counter-affidavit has been filed. Learned Counsel appearing for the University prays for more time.

The interesting aspect of the instant case is that the petitioner was a student of B.A. and he passed his first part but was unsuccessful in English paper. Subsequently, he passed in the English paper. Thereafter he appeared in the second part, which he passed but again was unsuccessful in English paper. Thereafter, it transpires that as per the regulation of the University, as submitted by the learned Counsel for the petitioner, there is a provision that before completing the Third Part, the student who was unsuccessful in any paper may clear that subject and then he may be declared successful in B.A. Part-III. Now a peculiar situation has occurred in this case, the petitioner was admitted in the B.A. Part-III examination, as per Annexure 5, which is the admit-card of the year 1995, but the examination was actually held in the year 1996. Subsequently it appears from perusal of the Annexure-4 that for the English paper in which he was declared unsuccessful, admit card was issued to the petitioner in the year 1996 but he was allowed to take part in the B.A. Part-III examination and it further transpires from the Annexure-4/A that this petitioner passed in the English paper in which he was declared unsuccessful in December. 1996. But his result, so far B.A. Part-III is concerned, has been delayed on the ground that the petitioner did not pass in the Part-II examination in the English Paper prior to the conclusion of the Part-III Examination. But from the facts and circumstances stated above, it appears that the University had already declared the petitioner successful in Part-II Examination so far the English paper is concerned. In this manner, due to laches or connivance of the University employees or officials, such a peculiar situation arose; nonetheless the petitioner is not to be blamed. As the petitioner has cleared the paper in which he was declared unsuccessful, the Vice-Chanceller of the University concerned is directed to declare the result of the petitioner within one month from the date of receipt/production of a copy of this order and shall send a copy of the order so passed by the University to this Court, which will be placed in the Court, after it is received.

With the aforesaid directions/observations, this application is disposed of.