Gopi Chand Bharuka, J.

1. The present writ application has been filed by the petitioner for issuance of a writ of mandamus directing the respondent University to publish her result of B. A. (Hons) Sociology of the session 1988-89.

2. According to the petitioner, She had secured 44, 33 per cent marks in B. A. pass course examination. She was admitted to Honours course by respondent No. 5 Principal of M. J. J. College, Mabarakpur as per the recommendation of the Head of the Department of Sociology. After completion of her course in the college, pursuant to the admit card, she appeard at the examination but the result of the said examination has been detained on the ground that her very admission to the Honours course was contrary to the regulations of the University, since no student securing less than 45% in a particular subject could be admitted to Honours course in that subject. The Regulation 2 (ii) relating to admission in Honours course reads as under:

No candidate shall be allowed to offer Honours course in any subject unless he/she obtained at least 45 per cent marks in that subject at the Bachelor Pass Examination.

3. It may be relevant to state here that since the result of the petitioner has not been published without communicating any reason therefor to the petitioner, she had earlier filed another writ application being CWJC No. 6419/ 92 which was disposed of on 10-3-1992 with a direction to the University to take a final decision with regard to publication of result of the petitioner. Pursuant to the said direction the University referred the matter to the examination Board which decided not to publish the result of the petitioner on the ground that the authorities had taken the admission of the petitioner in Hons. course in violation of the aforesaid Regulation. The said decision has been filed as Annexure A to the counter affidavit. The material part thereof is being quoted hereunder:

The petitioner has secured two marks less than 45% in B. A. (pass) Examination.... It is true that the petitioner attended his Honours classes in Sociology during 1988-89 and was permitted to go for honours Examination after filling up the Examination Form.... Right at the time of admission itself the College Principal or its admission incharge should have thoroughly checked up the marks obtained in Sociology at B. A. pass course. The very fact that the Examination was taken without checking up the marks obtained or without carrying for the fact that the regulation was being flouted establishes the apprehension that this was done deliberately by some ulterior motive.... The college authority even at the time of forwarding the Examination Form simply choose to ignore this violation possibly under the false impression that once forwarded by the college, the University will not have means of detecting this violation till its last stage.

It has been further noticed in the said decision that:

The college in question is an affiliated one managed by a governing body and the University has not any disciplinary control either ever the Principal or the office of the Principal. Only punitive measure that the University can take against such affiliated colleges is to recommend the State Government for withdrawal of affiliation.

4. From the aforesaid decision of the Examination Board of the University it is quite clear that the Regulation in question has in fact been violated by the authorities of the college and for the said mistake of the college authorities, the petitioner is being subjected to punishment by withholding of her result. In my opinion, it is contrary to all canons of justice and equity. The provision under the Regulation is with respect to taking of admission in the Honours course. The Regulation in question does not anywhere provide that if a student has been admitted to a particular course contrary to the Regulation, then even if he is allowed to appear at the examination his/her result cannot be published. No Regulati