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Km. Minakshi Singh v. Vice Chancellor Chhatrapati Sahuji Maharaj Univ. & Ors. - WRIT - C No. 40195 of 2004  RD-AH 7240 (9 December 2005)
Civil Misc. Writ Petition No. 40195 of 2004
Km. Minakshi Singh
Vice Chancellor, Chhatrap Sahuji
Maharaj University, Kanpur & others
Hon'ble Vineet Saran, J
The petitioner appeared in the B.A. Ist year examination in the year 2001 and although, because of illness, she could not appear in the practical examination of Psychology, but still, on the basis of marks obtained by her in the written papers, she was declared passed and was issued a marks-sheet. Thereafter, she was permitted to appear in the B.A. IInd year examination. Although the result of the B.A.IInd year examination of the petitioner was not declared by the University but she was permitted to appear in the B.A.IIIrd year examination. Since the results of both, B.A.IInd year and B.A.III year examinations, were not declared, hence the petitioner filed a Writ Petition No. 16469 of 2003, which was finally allowed on 28.8.2003 and a direction was issued to the University to declare the results of the petitioner of B.A.IInd and B.A.IIIrd year examinations within three weeks. As her results were still not declared by the University, a Contempt Petition No. 489 of 2004 was filed. During the pendency of the contempt petition, her results were declared. In the marks-sheet of the B.A.IInd year (which has been filed as Annexure-1 to the writ petition), the petitioner has been shown as failed as she has been shown as absent in the second paper of the Psychology examination. In the marks-sheet of B.A. IIIrd year examination the petitioner has secured more than pass marks. The petitioner contends that she had appeared in the second paper of the Psychology examination of B.A. IInd year examination and she has wrongly been shown as absent and thus this writ petition has been filed with a prayer for a direction to the respondents to correct the marks-sheet of B.A.IInd year of the petitioner and issue her a fresh marks-sheet after recording marks she has obtained in the second paper.
I have heard Sri P.K.Srivastava, learned counsel appearing for the petitioner as well as Sri Neeraj Tiwari, learned counsel appearing for the respondent-University. Counter and rejoinder affidavits have been exchanged between the parties and with the consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself.
It is not understood that in case if the petitioner had not passed the B.A.IInd year examination, how she was permitted to appear in the B.A.IIIrd year examination. In paragraph 20 of the writ petition it has been categorically stated that the petitioner was not absent in the second paper of the B.A.Part II examination of Psychology and that her signatures were there on the attendance chart and verification form. In the counter affidavit the University has merely denied the averments made in the said paragraph. However, they have not annexed the copy of the attendance chart and verification form for perusal of this Court. Sri Neeraj Tiwari, learned counsel for the respondent-University further stated that since the matter relates to the year 2002, the relevant record of the University cannot now be placed as the same have been weeded out.
Since the respondent-University has not been able to establish that the petitioner did not appear in the Psychology second paper of B.A. Part II examination nor has it produced the relevant record, it would be appropriate that she be awarded marks on the basis of the marks she has obtained in the first paper of Psychology in B.A.Part II examination and be issued a fresh marks sheet of B.A.Part II examination.
In case if, on such calculation, she is found passed in B.A.Part II examination, her B.A. Part III marks sheet shall also be issued afresh showing her as pass, as on the basis of the marks she has obtained in the said year, she has actually passed in the B.A. Part III examination.
Such marks-sheet shall be prepared and given by the University to the petitioner within two weeks from the date of production of a certified copy of this order before the respondent no. 3, the Registrar of the University. In case if she is declared passed, she would be permitted to fill up the examination form for M.A. as private student, for which last date, according to the petitioner, is 10.12.2005. The respondent-University shall entertain such application of the petitioner and shall not raise any objection with regard to it being filed beyond the last date, in case if such application form is filed within ten days of receipt of corrected marks sheet from the University.
Accordingly, with the aforesaid directions, this writ petition stands allowed. No order as to costs.
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