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PATNA HIGH COURT
Narayan Roy, J.
Lovely Kumari
Versus
Bhupendra Narayan Mandal University
CIVIL WRIT JURISDICTION CASE No. 13753 of 2002 ;
Decided On : MARCH 26, 2003
Regulation - University Result Publication - Equity Principle
Fact of the Case:
The petitioner filed a writ application seeking direction for the publication of her B.Sc. Mathematics (Hons) result, which the university had not published citing a violation of its regulations.
Finding of the Court:
The court found that the petitioner's situation was similar to a previous case where the court had held that the result should be published based on the principle of equity, despite violations of university regulations. The court disposed of the case in line with the previous order and directed the university to publish the petitioner's result.
Issues: The issue revolved around the publication of the petitioner's B.Sc. Mathematics (Hons) result, which the university had withheld due to a perceived violation of its regulations.
Ratio Decidendi: The court applied the principle of equity established in a previous case to decide that the petitioner's result should be published despite the university's regulations.
Final Decision: The court directed the university to publish the petitioner's result and provide her marks sheet.
1. Heard counsel for the parties.
2. This writ application has been filed for issuance of a direction upon the Respondents-University to publish the result of B.Sc. Mathematics (Hons).
3. It is submitted by learned counsel for the petitioner that the petitioner appeared in B.Sc. (Hons) examination held in 2000 to clear B.Sc. Part-Ill course and she also appeared for one paper of Part-II and she has passed the examination but the University authorities are not publishing her result, saying that the petitioner could not have appeared in one examination to clear two courses as per rule 7.1 of the Regulation of the University.
4. Learned counsel for the University submits that the result of the petitioner has not been published as she has appeared in one examination to clear part-III course examination and also one paper of Part-II.
5. Learned counsel for the petitioner now submits that this question was gone into by this Court in the case of Akhtar Alam vs. B.N.Mandal University and ors. 2003 (1) PLJR page 28 and this Court considering the facts and circumstances of the case held that on principle of equity the result of the petitioner is required to be published even though there were certain violations of the regulation of the University. The case at hand is indentical to the case of Akhtar Alam (supra). The Respondent-University is the same.
6. Considering the facts and circumstances of the case, therefore, this case is disposed of in terms of the order passed in Akhtar Alam (supra) and the respondents are directed to publish the result of the petitioner and make available her marks sheet forthwith.
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