Madhya Pradesh High Court
Ku. Sadhana vs Vikram University, Ujjain And Ors. on 13 March, 1986
Equivalent citations: AIR1986MP181, AIR 1986 MADHYA PRADESH 181, (1986) JAB LJ 736
JUDGMENT Sohani, J.
1. This is a petition under Article 226 of the Constitution.
2. The material facts giving rise to this petition, briefly, are as follows :--
The petitioner, who was a student of the Government Arts & Science College, Rattam, appeared for the M.Sc. (Previous) Examination in Chemistry held in March, April 1985 by respondent 1, Vikram University. The result of the examination was declared on 8-7-1985 and the petitioner was declared to have failed in that examination. She received the mark-sheet on 26-7-1985. On 2-8-1985, the petitioner submitted an application for revaluation. The result of revaluation was declared on 15-1 i-85 and the petitioner was declared to have passed in M-Sc. (Previous) Examination. The petitioner then approached respondent 3, the Principal, Government Arts and Science College, Ratlam, for admission to the M.Sc. (Final) class but respondent 3 refused admission to the petitioner on the ground that the last date fixed for admission to the College was 31st July, 1985. The petitioner thereupon approached respondent 2, the Registrar of the University for admission but respondent 2 pleaded his inability to grant admission. The petitioner then approached this Court and filed the present petition.
3. On 17-12-85 by an interim order passed by this Court, the respondents were directed to provisionally admit the petitioner to M.Sc, (Chemistry) Final class and to provisionally allow her to fill up the form for admission to M.Sc. (Chemistry) final examination to be conducted by the respondent University in March-April, 1986.
4. On behalf of the petitioner, it was contended that the petitioner could not be penalised for the delay in declaration of the result of revaluation and that the petitioner should have, therefore, been admitted to the M.Sc. (Chemistry) Final class and that she should be allowed to .appear for the M.Sc.
(Chemistry) final examination to be conducted by the respondent University in March-April 1986. I
5. The petition was resisted by the respondents. It was admitted in behalf of the respondent University that the petitioner had applied for revaluation on 2-8-1985 and that the result of revaluation was declared on 15-11-85. It was contended that as the petitioner had not approached the Vice-Chancellor for admission, no relief should be granted to her. It was also contended that as the petitioner would not be able to fulfill the condition regarding attendance prescribed for admission to the M.Sc. (Final) examination, she could not be admitted to that examination.
6. Having heard learned counsel for the parties, we have come to the conclusion that this petition deserves to be allowed. It has not been urged on behalf of the respondent that the petitioner applied for revaluation after the expiry of the period prescribed therefor. It is admitted before us that a student, who has applied for revaluation is not permitted to take provisional admission to the next higher class subject to the result of revaluation. If as a result of revaluation the petitioner has passed the examination, then it would mean that her earlier result declared by the University was erroneous. The petitioner cannot be penalised for this error in declaration of her result Therefore, the application for admission to the M.Sc. (Final) Class made by the petitioner after the declaration of the result of revaluation cannot be rejected on the ground that the last date for submitting application for admission had expired. It was urged that instead of approaching respondent 3, the petitioner should have approached the, Vice-Chancellor of the respondent University for admission. It is true that the petitioner should have approached the Vice-Chancellor, who had power under the Ordinance to grant admission in cases of genuine hardship, beyond the last date for admission, but it has come on record that the petitioner did approach the Registrar, respondent 2, who instead of forwarding her application to the Vice-Chancellor, informed the petitioner on 6-12-85 that the petitioner could not be admitted to the Higher class under any circumstances. In view of this fact, it cannot be held that the petitioner is not entitled to any relief, as she failed to approach the Vice-chancellor for grant of admission.
7. The next question for consideration is whether the petitioner is entitled to be admitted to the M.Sc. (Final) examination in Chemistry to be conducted, by the respondent University in, March/April 1986. It was urged on behalf of the respondents that she would not be able to fulfil the requirement regarding attendance as she was provisionally admitted on 17-12-85 in pursuance of an interim direction made by this Court. Now', the result of revaluation was declared on 15-11-85. Assuming that if the petitioner had immediately approached the Vice-Chancellor she could have been granted admission and the petitioner would have been able to attend lectures and practices from 18-11-85 till then the petitioner for no fault on her part was not allowed to attend lectures and practical. In the peculiar circumstances of this case, it would meet the ends of justice if the respondents are directed to compute the attendance of the petitioner at lectures delivered and practicals held for the M.Sc, (Final) class in Chemistry at the Government Arts and Science, College, Ratlam, by adding to the actual attendance of the petitioner at lectures and practicals after her provisional admission, the lectures delivered and practicals held at the aforesaid College for the M.Sc. (Final) Class in chemistry from the commencement of the session till 18-11-85. If as a result of this addition, the petitioner is found to be eligible for admission to the M.Sc. (Final) examination in Chemistry, then the petitioner should be admitted for that examination.
8. For all these reasons, this petition is allowed. The respondents are directed to grant admission to the petitioner in M.Sc. (Final) Class in Chemistry in the Government Arts & Science College, Ratlam. The respondents are further directed that in computing the attendance of the petitioner at lectures delivered and practicals held for the M.Sc. (Final) Class in Chemistry at the aforesaid College, for determining the eligibility of the petitioner to admission to the M.Sc, (Final) examination in Chemistry to be held in March/April 1986, the lectures delivered and practicals held at the said College for the M.Sc. (Final) Class in Chemistry from the commencement of the session till 18-11-85, shall be added to the lectures and practicals actually attended by the petitioner after her provisional admission. If after such computation, it is found that the petitioner fulfils the condition with regard to attendance at lectures and practicals, prescribed by the respondent University, then the petitioner should be admitted to the M.Sc. (Final) Examination in Chemistry to be conducted by the respondent University in March/April 1986. In the circumstances of this case, parties shall bear their own costs of this petition. The outstanding amount of security deposit, if any, be refunded to the petitioner.