ORDER
S.J. Mukhopadhaya, J.
1. This application has been preferred by petitioner for commanding the respondents to immediately issue mark sheet to petitioner for B.A. Part III examination in History Honours she having qualified and come out successful in the examination in 1st Division, conducted by the respondent- University. The case of petitioner is that she was admitted in B.A. History Honours course in Manila College, Godda, a constituent College under the Siddhu Kanhu University, Dumka (‘University’ for short), she appeared in B.A. Part I History Honours examination conducted by the University in July, 1998. The result of B.A. Part I examination was not published in time so she was admitted in the Part II class. The result of the first year B.A. Part I was declared in June, 1999, she could not pass paper I (one) of the History Honours paper. In the Part II examination the petitioner came out successful. At that time the petitioner was also allowed to appear in the 1st paper of Part I examination held in March, 2001. The result having not declared immediately the petitioner was admitted in the 3rd year and was allowed to appear in B.A. Part III examination held in September, 2001. The Result of 3rd year examination was published in 2002. In the cross list sent to the College the petitioner has been declared successful in first division. The result of B.A. Part I was also published in the year 2002 wherein the petitioner was shown successful in B.A. Part 1 examination in first division. The petitioner claims to have cleared all the parts and has obtained first division in the B.A. (Hons.).
2. Her grievance is that the respondents are not handing over her the marksheet or certificate on the ground that she cleared one paper of B.A. Part I with the B.A. Part III examination.
3. The facts aforesaid has not been disputed by the University but it has shown
inability to publish the result in view of Section 7.1 of regulation which reads as follows:
“There shall be University examination at the end of the first, the second and the third years of study to be known respectively as the B.A. (General/ Honours) Part I, Part II and Part III examination. No student shall be admitted to the B.A. (General/Honours) Part II class unless he/she has passed the B.A. Gen./Hons. Part I examination and to the Part III class unless he/she has passed the Part II examination.”
4. The Counsel for the University submitted that those who have cleared B.A. Part I and Part II examination before the B.A. Part III not in the very year of the examination of B.A. Part III, have been provided with marksheet in accordance with the Regulation and law.
5. Almost a similar case of the same University fell for consideration before this court in the case of Shambhu Prasad Yadav and Ors. v. Siddhu Kanhu University and Ors., CWJC No. 1089/2001. In the said case, following observations was made by the Court on 31st August, 2001.
“In this writ application the petitioners have prayed for quashing the Notification No. 7/2000 (without any date) whereby the University took a decision to hold examination of those candidates who have declared passed in Part III Graduation examination before clearing Part I and II examination. In the instant case the petitioners were declared successful in Part III examination. However, subsequently the petitioners cleared Part I and II examination. The result of final Part III examination was published in 1997 and the petitioners being the successful candidates were granted marksheets by the respondent-University. Some of the petitioners have passed M.A. and Law Examination.
Mr. M.S. Anwar, learned counsel for the University, has very fairly submitted that since the result of Part III examination of the petitioners was published in 1997 and they were declared successful in the Graduation Examination and
marksheets were also issued to them, at this stage, it would not he proper to call upon the petitioners to re-appear in Part III special examination. The submission of the learned counsel appears to be very reasonable. If the petitioners once appeared in B.A. Part III examination and have been declared successful and marksheets were also issued, they cannot be called upon to appear in the special examination.
This writ application, is therefore, allowed and the impugned notification as continued in Annexure 7, so far as the petitioners are concerned, is hereby quashed. The University shall issue original certificate to the petitioners, if not already issued.”
6. Following the aforesaid order and in the equity as it would not be proper to call upon the petitioner to again appear in the Part III examination though she has come out successful in the first division, the respondents are directed to provide the petitioner the marksheet and certificate as per marks obtained by her within 15 days from the date of receipt/production of a copy of this order.
7. The writ petition stands disposed
of with aforesaid observations and directions.