S.N. Jha, J.
1. This writ petition on behalf of the sole petitioner has been filed seeking direction on the respondents to publish his result of B.Sc, Chemistry (Hons.) Examination.
2. The relevant facts which are not in dispute, are these. The petitioner took admission in the B.Sc. Chemistry (Hons.) course in D.S. College, Katihar under B.N. Mandal University in the Sessions 1993-96. The B.Sc. Chemistry (Hons.) course consists of three parts, at the end of each part, University examinations are held which the candidate is required to pass. In terms of Regulation 7.1, a student who does not clear the examination cannot be admitted/to the next part, that is, if he does not clear Part-I examination he cannot be admitted to Part-ll. However, if he fails in, or fails to appear at not more than two subjects at Part I/I I examination he may be promoted to the next higher class provided that he is not eligible for admission to Part-Ill, unless he has passed the Part-I examination in the subject/subjects concerned. In the instant case, the petitioner cleared Part-I examination on time, at Part-ll examination held in 1996 however, he failed to clear Chemistry (Hons.) and Physics subsidiary subjects. (Such examination which was scheduled to be held in 1995 was, in fact, held in 1996, to be precise on 31-5-1996.) At the next examination in which he appeared in the failed subjects, he cleared the Chemistry (Hons.) subject but he could not again clear the Physics subject. The said examination was held on 16-6-1997. In the next examination held on 5-1-1998 again he failed to clear the subject. He ultimately cleared the Physics subject in the next attempt on 2-12-1998.
3. A doubt initially arose as to the number of examinations in which the petitioner appeared. Later the question arose as to whether the number of examination referred to in the second proviso of Regulation 7,1 includes the regular examination also or not. It may be mentioned here that in terms of second proviso to Regulation 7.1, a candidate is permitted to appear In not more than three consecutive examinations. After hearing Counsel for the parties on the point, I am of the view that the number of examinations referred to in the above proviso does not include the regular examination. The proviso runs as under:
Provided further that this facility for appearing in such carry over subject/ subjects shall be available to a student at not more than three consecutive examinations.
In my opinion, the words "such carry over subject/subjects" leave little room for doubt that the number of examinations mentioned therein refer to the examinations held in the carry-over subject or subjects, which necessarily implies that the regular examination has to be excluded. If regular examination is included in counting the number of examinations, use of the words "carry over subject or subjects." would be redundant.
4. There being no dispute that the petitioner appeared in three consecutive examinations in the carry over subject/subjects, and in the third one, he cleared the subjects in which he had initially failed in the regular examination. I am of the view that the petitioner is entitled to the benefit of Regulation 7.1.
5. In these premises, the University is directed to declare the result of the petitioner with respect to his B..Sc. Chemistry (Hons.) examination.
6. The petition stands allowed.
