WP(C)/6279/2007 of SMTI MUKTAMONI KALITA Vs GAUHATI UNIVERSITY and ORS on 20 December 2007

WP(C) 6279/2007BEFORE

HON’BLE MR. JUSTICE P.K. MUSAHARY

Heard Mr. B. Chakraborty, learned counsel for the petitioner and also heard Mr.LP Sharma, learned Standing Counsel, Gauhati University.

It is stated that the petitioner is a student of Handique Girls College,Guwahati, affiliated under the Gauhati University and she appeared in BA Part-Iexamination in 2004, but she could not pass. The petitioner could not appear inthe BA Part-I examination in the year 2005 and she appeared in both BA Part-I and Part-II examination in 2006. She got back in one paper namely English Part-I and failed in Part-II examination and passed in the year 2007. The petitioner filled up form for back subject of Part-I examination and Part-II examination and admit cards were duly issued to her. Accordingly she appeared in the said examination. The result of the back subject has been cleared in which the petitioner passed BA Part-I examination. It is alleged that her BA Part-II result has been withheld by the authorities and on enquiry the petitioner came to know that she was not entitled to appear in Part-I examination inasmuch as the chances of her passing the BA Part-I examination was already over in 2006 for which the respondent authorities did not allow the petitioner to fill up her examination form for the year 2008. The petitioner has approached this Court by this application praying for declaration of result of TDC Part-II examination and for allowing her to fill up the form for BA examination which is scheduled to be held in the month of January, 2008.

An affidavit-in-opposition has been filed by the respondents 1 and 2. Mr. LP Sharma, learned Standing Counsel for the respondents submit that the withheld result of the petitioner may be published as she was allowed to appear in theexamination in 2007 and consequently she may also be allowed to appear in the ensuing examination to be held in January, 2008.In view of the above submissions, this petition is closed with a direction to declare the withheld result in respect of the petitioner and also allow the petitioner to appear in the ensuing BA examination to be held in the month of January, 2008.