JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Sourabh Sharma, learned counsel for the appellant, Mr. Arjit Tiwari, learned Panel Lawyer for the respondent No. 1, Mr. Neeraj Choubey, learned counsel for the respondents No. 2 and 3 as well as Mr. Shobhit Mishra, learned counsel for the respondent No. 4.

2. This appeal is presented against the order dated 13.04.2021 passed by the learned Single Judge in Writ Petition (C) No. 146 of 2021, whereby, while not acceding to the prayers made by the writ petitioner, the learned Single Judge directed compensation of an amount of Rs. 15,000/-to be paid to him by Pt. Ravishankar Shukla University (for short, University).

3. The petitioner was enrolled as a student of Bachelor of Business Administration (for short, BBA) in Vivekanand College-respondent No. 4 under the University-respondent No. 2. He appeared as a regular student for BBA I-Semester in the academic session 2018-2019, the result of which was declared on 02.04.2019. The petitioner had subjects of English, Computer Application, Business Mathematics, Principles of Management and Financial Accounting for the aforesaid I-Semester examination. Out of the said five subjects, the Petitioner obtained pass marks in English and Principles of Management but failed in the other three subjects and accordingly, the result was declared as 'fail'.

4. The petitioner again took the examination of the I-Semester as an ex-regular student and the result was declared on 13.03.2020. He had appeared in all the aforesaid five subjects and this time, while obtaining pass marks in four subjects, he failed to secure pass marks in Business Mathematics and accordingly, in the statement of marks for the aforesaid examination held in December-January 2019-2020, the result was shown as 'ATKT 1st chance'. ATKT denotes 'Allowed To Keep Term'. The petitioner, thereafter, had applied for re-evaluation for the marks on 23.03.2020 and had also deposited examination fee for the II-Semester on 28.08.2020. In view of Covid-19 pandemic, all the students who were in II-Semester were promoted. The result of the petitioner was also placed in the official website on 06.10.2020 wherein it was indicated that the petitioner had passed.

5. Despite the request made by the petitioner, the original mark-sheet of the II-Semester examination was not furnished to the petitioner and after a prolonged correspondence, subsequently on 17.12.2020, it was communicated by the University that on re-evaluation, his marks have remained unchanged and as he had failed to clear the I-Semester as ex-regular student, under the BBA Ordinance-91, he was not eligible to appear in the II-Semester examination. It is averred that after the aforesaid letter dated 17.12.2020 was passed, the mark-sheet of the II-Semester of the petitioner was taken off from the official website of the University.

6. In the backdrop of the aforesaid events, recourse was taken by the petitioner to this Court praying for a direction to the authorities to give admission to the petitioner in the III-Semester of the BBA course by restoring the II-Semester result and afford opportunity to clear ATKT in I-Semester and also for setting aside the letter dated 17.12.2020 with a further direction that the petitioner had successfully cleared the II-Semester examination.

7. On consideration of the BBA Ordinance-91, which forms the basis of the order dated 17.12.2020, the learned Single Judge opined that the result indicating 'ATKT 1st chance' was wrongly declared by the University and though the petitioner appeared in the I-Semester supplementary examination, he was not entitled to do so and no relief could be granted to the petitioner as his very enlistment in the II-Semester was not in accordance with the Ordinance. The learned Single Judge, while observing that because of the wrong committed by the University, the petitioner was made to suff