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Orissa High Court
G.K.MISRA,B.C.DAS
Geeta Mishra - Appellant
Versus
Utkal University represented by the Vice-Chancellor, Vani Vihar, Bhubaneswar - Respondent
O. J. C. No. 818 of 1970
Decided On : 09/08/1970
UNIVERSITY EXAMINATION - RESULT - CANCELLATION - ESTOPPEL - NATURAL JUSTICE - WRIT OF MANDAMUS - [UTKAL UNIVERSITY ACT, 1966 (ORISSA ACT 20 OF 1966), SECTION 10(4)(F); STATUTE 203; HARD CASE RULES, RULES I AND II(B); INDIAN EVIDENCE ACT, SECTION 115].
Fact of the Case:
Petitioner, a student of Shailabala Women's College, appeared for the 1st Year Degree Examination conducted by Utkal University in April 1970. She was declared to have passed the examination and was issued a Provisional Certificate. However, the University later cancelled the result due to an error in awarding marks in English. The petitioner challenged the cancellation of her result and sought a declaration that she had passed the examination.
Finding of the Court:
The Court held that the University was estopped from denying that the petitioner had secured the pass mark in English, as it had represented the same in the mark-sheet and the Provisional Certificate. The Court also found that the University had failed to provide the petitioner with a reasonable opportunity to defend herself before cancelling her result, thereby violating the principles of natural justice.
Issues: 1. Whether the University was estopped from denying the petitioner's success in English despite the irregular reference to the Board of Conducting Examiners? 2. Whether the cancellation of the petitioner's result without providing her an opportunity to present her case violated the principles of natural justice?
Ratio Decidendi: 1. The Court held that the University was estopped from questioning the petitioner's success in English as it had intentionally caused her to believe that she had passed in English by issuing the mark-sheet and the Provisional Certificate. The Court relied on Section 115 of the Indian Evidence Act, which embodies the principle of estoppel, and held that the University's representation was intentional as it would be taken by a reasonable person to be true and meant to be acted upon. 2. The Court held that the cancellation of the petitioner's result without providing her an opportunity to present her case violated the principles of natural justice. The Court relied on the decision in Board of High School and Intermediate Education U. P. v. Kumari Chittra Srivastava, where the Supreme Court held that a show cause notice is necessary before passing an order that may adversely affect a person's rights.
Final Decision: The Court allowed the writ application in part and issued a writ of mandamus directing the University to treat the petitioner as having passed in English in the 1st Year Degree Examination. The Court rejected the petitioner's prayer for a declaration that she had passed the entire examination, as she had failed in General Studies and had to appear for the Supplementary Examination in that subject.
G. K. MISRA, C. J. : The facts referred to in the writ application and the application for stay may be stated in short in chronological order. The Petitioner was a student of the 1st year Degree Class (Arts) in Shailabala Women's College during 1969-70. Having been duly sent up, she was admitted by the Utkal University to the final examination of the 1st Year Degree which was held in April, 1970. Her roll number was 5747. She appeared in English, M. I. L. and General Studies which were compulsory subjects and in Sanskrit, Logic and Home Science as optional subjects. On 26th of June, 1970 the result of the University examination was published and her name was found amongst the successful candidates. She got her Provisional Certificate (annexure 2') from the University on 3-7-70. The Provisional Certificate runs thus :
"Utkal University
Provisional Certificate
No. 1526
This is to certify that Geeta Mishra has passed the First B. A. Roll No. 5747 examination held in the month of April, 1970 from S. B. Women's College, Cuttack and was placed in Third Division. Her subjects were English, M. I. L. (Oriya), General Studies, Home Science, Logic and Sanskrit.
University Office,
Vani Vihar, Bhubaneswar,
Dated the 3-7-70.
Sd/Illegible
3-7-70
Deputy Registrar."
On 6-7-70 the Principal Shailbala Women's College, furnished to the petitioner her mark-sheet (Annexure 3') as supplied by the University. Annexure 3' may be extracted in toto :
"Office of the Principal, Shailabala Women's College, Cuttack.
To,
Geet Misra
The following marks were awarded to her at Annual 1st Year Examination of 1970.
Roll No. 5747
Regd. 7932/68
Subject Marks awarded Maximum marks.
English
... 80 100
M. I. L. (O) ... 18 50
General knowledge ... 14 50
Classical subjects (S) ... 30 100
Economics/Logics/Philosophy/History ... 52 100
Home Science ... 53 100
XX
XX
XX
Total
XX
197 500
Sd/- Illegible
Principal, Shailabala Women's
College, Cuttack."
The last date for filling up forms for the Second Examination (Supplementary) of the 1st Year Degree was 6-7-70. That was also the last date for filing application in the S. B. Women's College for admission into the 2nd year B. A. Degree Course. The petitioner filed an application for admission into the 2nd Year Degree (Arts) Class on the basis of the mark-sheet and the Provisional Certificate. When the authorities of the S. B. Women's College found from the mark-sheet that the petitioner had secured 14 out of 50 in General Knowledge (same as General Studies) and was thus short of one mark from the pass mark, she was advised by way of abundant caution to fill up forms for the Supplementary Examination of the 1st Year Degree (Arts), 1970 scheduled to be held on 28th August, 1970. To be on the safe side, the petitioner filled up forms for the Supplementary Examination on payment of Rs. 15/- which is prescribed as the fee for a single subject (see Utkal University Statute (hereinafter to be referred to as Statute) 206 in Chapter XXIII). The examination fee for the Second Examination of the 1st Year Degree is Rs. 35/- if the candidate is to appear in more than one subject.
On 14-7-70 the Principal, Shailabala Women's College (opposite party No. 4) intimated the petitioner that she was required to take admission into the 2nd Year Degree Class on 21-7-70.
On 17-7-70 the petitioner received an intimation from opposite party No. 4 that no seat was available to her to take admission into the 2nd Year Degree Class as the result of her success in the 1st Year Degree University Examination had been cancelled by the University by Notification No. 6112 dated 7-7-1970 (hereinafter to be referred to as the impugned notification).
The petitioner accordingly filed O. J. C. No. 753 of 1970 to cancel the impugned notification and for a declaration that t
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