Himachal Pradesh High Court
Smt. Sarita Devi vs H.P. University And Another on 11 December, 2015
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2867 of 2015 .
Date of decision: 11.12.2015
Smt. Sarita Devi. ...Petitioner
Versus
H.P. University and another. ...Respondents
Coram
of
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting?1No.
For the Petitioner: rt Mr.V.D. Khidtta, Advocate.
For the Respondents: Mr. J.L. Bhardwaj, Advocate.
Tarlok Singh Chauhan J. (oral).
This writ petition has been filed for the following substantive reliefs:-
"(i) That writ in the nature of mandamus may kindly be issued directing the respondent to declare the result of the M.A. Mathematics of petitioner who appeared under Roll No. 3986 lastly in December 2012 and further may kindly be directed to issue the detail marks certificates of M.A. Mathematics course."
2. The brief facts giving rise to the petition are that the petitioner after completing her graduation in June, 2005, took admission in the respondent University in the subject of M.A. Mathematics on regular basis. Since she had not cleared all the papers of the said course, she appeared as a private candidate from time to time and lastly appeared in the examination during December, 2012 under the same roll number, which had been allotted to her earlier at the time of admission, but despite this the respondents have not declared her result.
3. The respondents have filed their reply, wherein it has been averred that result of the petitioner was not declared for the reason that Whether the reporters of the local papers may be allowed to see the Judgment? Yes ::: Downloaded on - 15/04/2017 19:28:47 :::HCHP 2 she had migrated from respondent No. 1 University on 11.5.2011 after filling up the necessary profoma and depositing the requisite fee in that behalf. It is further contended that before appearing in any of the .
examination conducted by respondent-University after migrating, the candidate has to revive his/her registration number within two years on payment of Rs.1400/- as revival/renewal fee on further production of original migration certificate from the concerned university/institution.
of Whereas, in the instant case, the petitioner did not apply for renewal of her registration number within the stipulated time. The said period could rt only be condoned by the Vice Chancellor of respondent No. 1, that too subject to depositing further fee of Rs.7000/- and after that the petitioner has to appear afresh in the examination by submitting the examination form along with fee in the ensuing examination session to be conducted by the respondent-University.
4. In rejoinder to the reply the petitioner has specifically stated that she is ready to pay not only the amount of `1400/- towards revival/renewal fee, but is also ready to deposit the special fee of `7000/-
in case the university is ready to accede her request.
I have heard the learned counsel for the parties and have also gone through the records of the case.
5. Having considered all the facts and circumstances, I am of the considered view that since no prejudice is likely to be caused to the respondent-University, the ends of justice would be subserved in case the Vice Chancellor of the respondent-University is directed to condone the aforesaid period of two years, subject to the petitioner depositing revival/renewal fee of `1400/- and special fee of `7,000/-. Ordered accordingly.
::: Downloaded on - 15/04/2017 19:28:47 :::HCHP 36. In the event of the petitioner depositing the aforesaid amounts within a period of four weeks, the Vice Chancellor of the respondent-University would condone the time period and thereafter the .
University shall declare the result of the course of M.A. (Mathematics) undergone by the petitioner within a period of two weeks thereafter. The petition is disposed of as aforesaid, leaving the parties to bear their costs.
Pending application(s), if any are also disposed of.
of (Tarlok Singh Chauhan), Judge.
11th December, 2015 rt (KRS) ::: Downloaded on - 15/04/2017 19:28:47 :::HCHP