JUDGMENT :

Bhaskar Raj Pradhan, J.

1. Ms Neha Sharma has filed the present writ petition under Article 226 of the Constitution of India seeking enforcement of her fundamental rights as well as challenging the legality and validity of the last sentence of Clause 10 of the Regulations on Conduct of Examinations of the Sikkim University (the Regulations).

2. It is the case of the petitioner that in December 2016, she appeared for the III Semester Master of Arts December 2016 Examination conducted by the Sikkim University (respondent no.1) in the subject “Social Movements in India”. She secured 69 out of 100 marks and her Sessional Grade Point Average (SGPA) and Cumulative Grade Point Average (CGPA) after the III semester was as follows :

Semester I II III C.G.P.A. Result

S.G.P.A. 8.00 8.25 7.75 8.00 Pass

3. The petitioner was dissatisfied with the marks she obtained in the subject “Social Movements in India”. She, therefore, applied for re-evaluation. Before the result of her re-evaluation, the date for the final semester in the Master of Arts for June 2017 examination was declared. She sat for the examination. After the final semester examination was over, the result of the examination was