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Judgment
Ajay Rastogi
Instant petition came to be filed by the petitioner when she was not permitted to appear in VIth semester of MCA Examination-2010. This Court, while issuing notices on 20.9.2010, permitted the petitioner provisionally to appear in MCA, VIth semester examination, 2010. However, result of the same was made subject to final decision of the writ petition.
In the reply, only objection which has come forward is that result of MCA vth semester, 2009 was declared, but in one of the subject of Advance Topics in Algorithm, she was failed. However, she applied for revaluation but when the examination of vlth semester was going to commence the result of revaluation was awaited, as such was not permitted to appear in vlth semester of MCA. It is informed to this Court that the the result of revaluation was declared on 25.1.2011 and composite mark-sheet of MCA vth Semester was issued to the petitioner, in which she was declared pass.
Counsel for the petitioner submits that the only impediment at the relevant time was that her result of revaluation was awaited and since she has now been declared pass in the result of revaluation dt.25.1.2011, there appears to be no justification in withholding her result of MCA VIth semester examination. He further submits that the petitioner not only appeared in the written examination but also in viva-voce and practical examination as well.
Counsel for the respondents is unable to give any explanation for withholding result of MCA VIth semester in the light of with semester revaluation declared on 25.1.2011. In view of what has been indicated above, the writ petition is allowed and the respondents are directed to declare result of the petitioner of VIth semester MCA examination, 2010, in which she appeared under the interim order of the Court and mark-sheet of the same may also be issued to the petitioner within two weeks from the date of furnishing of certified copy of this order. No costs.
