Uttarakhand High Court
WPMS/2980/2013 of Harish Arya Vs Vice Chancellor, Kumaon University AND OTHERS on 30 December 2013
COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2980 of 2013 Harish Arya … Petitioner Vs Vice Chancellor, Kumaon University Nainital & others … Respondents Ms. Deepa Arya, Advocate, present for the petitioner Mr. B.D. Upadhyay, Senior Advocate assisted by Ms. Mamta
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 2980 of 2013
Harish Arya
… Petitioner
Vs
Vice Chancellor, Kumaon University Nainital & others … Respondents Ms. Deepa Arya, Advocate, present for the petitioner Mr. B.D. Upadhyay, Senior Advocate assisted by Ms. Mamta Bisht, Advocate, present for respondent Nos. 1 and 2.
Hon’ble Sudhanshu Dhulia, J. (Oral)
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1. The petitioner appeared in B.Sc. IIIrd year examinations in the subjects Zoology, Botany and Chemistry. According to the petitioner, he appeared in the examinations of Zoology, Botany and first Chemistry papers but he could not appear in the second and third papers of Chemistry, as he has joined the services of Boarder Security Force as a Soldier.
2. Thereafter, as per the Rules prevailing in the Kumaon University, the petitioner has given improvement examinations of first, second and third papers of Chemistry. However, the Kumaon University has declared the result showing him absent in the mark-sheet.
3. Mr. Upadhyay, Senior Advocate appearing for the University fairly submits that since the petitioner has appeared in the said papers Kumaon University will declare the result of the petitioner, if it is so.
4. In view thereof, the writ petition is disposed of with a direction to the Kumaon University to declare the result of the petitioner in accordance with law, if he has validly appeared in the improvement papers. No order as to costs.
30.12.2013 Aswal
(Sudhanshu Dhulia, J.)