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1995 Supreme(All) 445

N.L.GANGULY
RUCHIRA CHAUHAN – Appellant
Versus
ROHILKHAND UNIVERSITY, BAREILLY – Respondent


Advocates Appeared:
L.P.NAITHANI, S.Naithani, V.S.Shukla

N. L. GANGULY, J.

( 1 ) THE petitioner was a student at K. G. K. College, Moradabad in M. Sc. Physics. The institution is affiliated with Rohilkhand University. The petitioner had appeared in M. Sc. Part I and in one of the papers, she secured lesser marks. According to the prevalent practice and Rule in Rohilkhand University, she had appeared for appearing in the Improvement Test in the said paper. She deposited the requisite fee for appearing in the improvement test. Simultaneously, the petitioner was permitted to join M. Sc. Part II and she appeared in M. Sc. Part II examination also. The petitioner was successful in the Improvement Test examination and has secured higher marks than the earlier examination from which she wanted to appear in the Improvement Test. Since the petitioner had appeared in final M. Sc. also, she claimed that her result of M. Sc. final was also to be declared taking into consideration the marks obtained in the Improvement Test in the said subject.

( 2 ) THE respondent-University had declined to declare the result of the petitioners M. Sc. final examination on account that according to a resolution of the meeting held on 9-1-1992, a candidate was not permi








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