' Nobody has appeared on behalf of the respondent in spite of service, therefore, the respondent is hereby proceeded against ex parte.
2. In this Constitutional petition the petitioner has challenged the act of the respondent fo withholding the result of the petitioner of Intermediate Supplementary Examination held in October, 1993 in which she appeared against Roll No, 4060.
3. The facts giving rise to this Constitutional petition shortly stated are that the petitioner who was student of FA. Could not appear in the Intermediate Annual Examination held on 8-4-1993 on account of some compelling circumstances. She, however, applied for appearance in all the papers in the Intermediate Supplementary Examination held in October, 1993. She was issued Roll No, 4060 and appeared in the said examination but her result was withheld by the respondent on the ground that the Board on 14-7-1993 made a decision that any student of FA who had not appeared in the Intermediate (Annual) Examination would not be entitled to appear in the Supplementary Examination for the first time in all the papers.
4. Learned counsel for the petitioner submitted that the said decision was taken on 14-7-1993 and the Intermediate (Annual) Examination had already been held on 8-4-1993, therefore, the same was not applicable to the students who had not appeared in the said examination. According to him the said decision could be made applicable prospectively and the right to appear in the Intermediate Supplementary Examination held in October, 1993 of the petitioner was not adversely affected by the said decision. According to him had the said decision been taken before holding the Intermediate (Annual) Examination in April, 1993 the petitioner could have been debarred from appearing in the Supplementary Intermediate Examination held thereafter. The petitioner was being punished for no fault of her.
5. The argument has force. Before 14-7-1993 Intermediate Examination had already been held in April, 1993, therefore, the said decision could not be made applicable in the case of any student who was to appear in the Supplementary Intermediate Examination according to the previous policy as the said decision cannot be given retrospective effect. The petitioner was not notified before Annual Intermediate Examination was held in April, 1993 that in case of her failure to appear in the said examination she would be debarred from appearing for the first time in the Supplementary Intermediate Examination to be held thereafter.
6. For the foregoing reasons the writ petition is accepted. The act of respondent for withholding the result of Intermediate Supplementary. Examination of the petitioner is hereby declared to be without lawful authority and of no legal effect and quashed. In pursuance of an interim order passed in this writ petition the result of the Intermediate Supplementary Examination of the petitioner has already been declared and the said declaration shall hold good. There will be no order as to costs.