ASHUTOSH KUMAR, J.:–The appellant, a student in B.N. Mandal University is aggrieved because his Part – III examination result is not being published for the reasons that he could not pass the Part – II examination in three consecutive attempts.

2. The learned Single Judge while deciding the writ petition, seeking direction to the University to publish his result of Part – III examination, refused to entertain such request on the ground that it would be giving premium to a student who has not passed the examination of Part – II within three consecutive years and has somehow or the other managed to take admission to higher class of Part – III and was permitted to write the examination for Part – III in the year 2020.

3. Two sets of decisions for and against the proposition have been referred to by the learned Single Judge in rejecting the prayer of the appellant for issuance of any direction to the University for publishing the result of appellant of Part – III examination.

For publication of result:—

(1) Sri Krishna Vs. Kurukshetra University, (1976) 1 SCC 311.

(2) Guru Nanak Dev University Vs. Sanjay Kumar Katwal and Another, (2009) 1 SCC 610.

(3) B.N. Mandal University and Others Vs. Amit Pratap Roy and Others, L.P.A. No. 1702 of 2015.

(4) Punam Kumari Vs. Lalit Narain Mithila University and Others, C.W.J.C. (DB) No. 11050 of 1992, 1993(1) PLJR 609.

(5) Amit Pratap Roy Vs. State of Bihar and Others, C.W.J.C. No. 10499 of 2014.

(6) Lovely Kumari Vs. B.N. Mandal University and Ors, C.W.J.C. No. 13753 of 2020, 2004(2) PLJR 519.

(7) Akhtar Imam Vs. B.N. Mandal University and Ors, C.W.J.C. No. 6911 of 2002, (2002) 3 BLJR 1847.

(8) Surendra Nath Mishra Vs. Vice Chancellor, Gorakh University and Ors., C.M.W.P. No. 9703 of 1995.

(9) Anil Kumar Srivastava Vs. University of Allahabad and Ors, C. Misc. Writ No. 2455 of 1972, AIR 1973 ALL 442.

Against publication of result:—

(1) Sunil Kumar Vs. B.N. Mandal University and Ors, L.P.A. No. 580 of 2018, 2020(4) PLJR 129.

(2) Mihir Kumar Jha Vs. B.N. Mandal University and Others, L.P.A. No. 904 of 2014.

(3) Mihir Kumar Jha Vs. B.N. Mandal Univeristy and Others, C.W.J.C. No. 21660 of 2013.

(4) Sima Bharti Vs. the State of Bihar and Others, C.W.J.C. No. 4605 of 2018.

(5) Sunil Kumar Vs. B.N. Mandal University and Ors, L.P.A. No. 580 of 2018, 2020(4)PLJR 129.

The factual position is as here-under:—

4. The appellant was admitted to B.Sc. Honours course in session 2013-14 and for the session 2013-14, examination was held in the month of January, 2015 in which the appellant was successful. He was admitted to Part–II of the course and for the session 2015 (Part–II), in the examination which was held in the year 2016, the appellant failed in two of the subjects. The appellant, thereafter, was admitted to the next higher class of Part–III, but again he failed in the supplementary examination in the year 2017, but this time in one subject only. For some reason or the other he could not appear in the examination of Part–II which was held in the year 2018 but appeared in Part–II examination again in the year 2019 in which he passed. The appellant also has written the examination of Part–III in the year 2020, the result of which has been withheld for the reason that the appellant could not pass the Part–II examination within three consecutive years and, therefore, the result of Part–III examination was consciously withheld by the University.

5. The learned Counsel for the parties have drawn the attention of this Court to the examination regulation of B.N. Mandal University. Clause 7.1 of the aforesaid regulation provides that the university examination shall be held at the end of the first, second and third years of the course. No student shall be admitted to the B.Sc. Course Part–II class unless he has passed the Part–I examination and to Part–III class unless he has passed the Part–II examination.

6. However, there is a proviso to the aforesaid regulation which further clarifies that if a student fails in, or fails to appear