' Petitioner being a student of Government F.C. College appeared in Intermediate Part 1, 1998 Examination and failed in the subjects of Chemistry and Biology. He applied for appearance in the Intermediate Parts-1 and II Examination. On 17-3-1999 the Principal of College withdrew the Admission Form on account of shortage of lectures. Petitioner challenged this withdrawal in Writ Petition No,7749 of 1999. This Court called the Principal to appear alongwith the record. Principal stated that he had no objection to the petitioner taking the examination in the failed subjects as his attendance in these subjects during the relevant period was sufficient. He, however, contested the claim of the petitioner to take the Part-II Examination. This Court disposed of the writ petition directing that the petitioner will be allowed to appear in the failed subjects of Part-I. To the extent of remaining relief, the petition was dismissed. It is stated that petitioner appeared in Part-I Examination held in the year 1999 under Roll No,2474. It is claimed that in September, 1999 petitioner again enrolled himself in the College and deposited the necessary dues. ' In the year 2000 the petitioner submitted his Form for appearing in the Intermediate Part-II Examination as a regular candidate. On 20-5-2000 petitioner was provisionally permitted. On 10-6-2000 vide R.2 the College informed the Board that petitioner had not completed the required percentage of attendance of lectures. On this intimation, the Board refused the petitioner to take the examination. Hence this petition.
2. Vide interim order, dated 20-5-2000 passed in the present, case and after hearing the respondent-Board this Court allowed the petitioner to provisionally take the examination. It was, however, directed that this participation in the examination shall not entitle the petitioner to the declaration of his result unless the petition was decided in his favour on merits.
3. In support of the case, learned counsel for the petitioner has relied on certificate of the Principal to the effect that the petitioner has completed the required number of college lectures. The certificate further stated that "in Part-I the Hon'ble High Court granted him the permission to take the Exam. Now he is eligible for F.Sc. Part-II Annual Examination 2000. All his exam dues are paid "
On the other hand learned counsel for the Board, has relied on the intimation Annexure-R/2 attached with report and parawise comments wherein it has been stated that petitioner has not completed the required number of lectures. Clearly, the College Principal has been issuing contradictory certificates/letters. Learned Assistant Advocate-General as instructed by the College representative failed to explain the contradiction except to state that there was change in the person holding the office of Principal. It is further argued by learned counsel for the petitioner that petitioner has been discriminated against inasmuch as similarly placed persons were allowed to take the examination and the Principal did not withdraw the Admission Form.
4. It is clear that the College Principal has been acting inconsistently. It is unfortunate but I decided not to probe the motive as I feel that this will not serve any body's ' purpose. As the petitioner was provisionally permitted by this Court to take the examination, it was directed that Mr. Shahid Waheed, Advocate appearing for the respondent Board will inform Shout the result. I wanted to confirm the statement of the learned counsel for the petitioner that the petitioner has passed the examination. Mr. Shahid Waheed, Advocate has produced the result in a closed envelope, which was opened by me and shown to Mr. Shahid Waheed. He confirmed that as per result, the petitioner has passed the examination. The envelope has been closed again.
5. There is ample authority that in such circumstances the Court may not like to decide the original controversy. As noted, except for shortage of lectures, there is no other inherent disqualification in the petitioner to take the examination. The Principal of the College has been inconsistent as to the number of lectures attended by the petitioner. I am inclined to give the benefit of contradiction to the student. In the circumstances, without deciding the controversy whether the petitioner suffered shortage of lectures or not, I accept this petition with the direction to the Board to formally announce the , result of the examination. No order as to costs.
Petition accepted/