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R.C. Lahoti, J.

The petitioner, appeared in B.Sc. (Home Science) Part-I examination conducted by Kurukshetra University, the respondent No.1, which was held in the month of April, 2000, as a regular student of Govt. College, Panchkula, the respondent No.2. On 7.8.2000, the result was declared and the petitioner was declared 'failed'. A provisional detailed marks card, dispatched by the university to the college, was received by the college on 20.8.2000 and collected by the petitioner on 21.8.2000. On 13.9.2000, the petitioner applied for re- evaluation. It was rejected on the ground that the application for re- evaluation was made beyond the time prescribed therefor. The petitioner sought for a reconsideration of the rejection but the university vide its communication dated 3.11.2000 informed the petitioner that not only the application was received late but the prayer for re-evaluation was not entertainable because the petitioner's original detailed marks card ('DMC', for short) was not received uptill then.

Unhesitatingly we are of the opinion that the appellant should be treated as a regular student of B.Sc.(H.Sc.) Part II and her result should also be declared treating her as a regular student. However, the difficulty arises in allowing her admission in B.Sc.(H.Sc.) Part III course of study as a regular student. The learned counsel for the respondents have submitted that major part of the educational year is over, the appellant has not attended the lectures, not taken the practicals and there will be shortage of attendance which cannot be condone or regularized. On the other hand, the learned counsel for the appellant submitted that the appellant should not be made to suffer for no fault of hers and the situation created either by the respondents or by the time lost in litigation. He further submitted that the Vice- Chancellor of the university has power to condone the delay and take an appropriate decision suited to the circumstances of an individual case so as to remove injustice done to an individual student. However, no specific provision in this regard or any precedent has been brought to our notice by either of the parties.

In the facts and circumstances of the case, we are of the opinion that the following directions would meet the ends of justice:-

1) the appellant shall be treated as a regular student of B.Sc.(H.Sc.) Pt.II course of study and the result of her examination shall be declared forthwith;
2) the appellant shall apply to the Vice Chancellor of the university or any other authority competent in this behalf seeking admission in B.Sc.(H.Sc.) Pt.III course of study and invoking power, if there be any under the act, ordinance or statutes governing the university, to condone the delay in seeking admission. Else the appellant shall be entitled to admission in B.Sc.(H.Sc.) Pt.III course of study commencing in the next session.