WP(C) 4667/2009 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY The petitioner seeks an appropriate writ/direction to the Respondent-University to declare her results of the LLB (Intermediate) Examination 2009 which have si nce been withheld. As a matter of fact she had approached this Court being aggrieve d by the letter dated 26.10.09 of the Controller of Examinations, Gauhati Unive rsity declining her request to permit her to appear in the said examination on the ground that she had meanwhile exhausted all the four chances permissible u nder the relevant regulations. This Court vide order dated 31.10.09 as an interi m measure and subject to the final decision in the instant proceeding having all owed her to take the examination, she appeared in three papers, namely, Constitu tional Law, Transfer of Property Law and Labour Law. I have heard Mr B. Chetri, learned counsel for the petitioner an d Mr. S. Chakraborty, learned Standing counsel for the respondents-Gauhati Unive rsity. Shortly put, the facts relevant for the disposal of the instant petition are that the petitioner had taken admission in the LLB Preliminary Cl ass of 3 years LLB Degree Course in Nagaon Law College in the Academic Session 2003-2004. Though she appeared in the LLB preliminary examination in 2004 and 2005 she failed. She however, appeared in the next LLB (Preliminary) Examination in 2006 and passed. Though she was eligible to take her LLB (Intermediate) Exam ination, 2005, she could not appear because she was ailing from Dysfunctional u terine bleeding . She however, pursued her cause and appeared in the LLB (In termediate) Examination in the succeeding years i.e 2006, 2007 and 2008, but wa s unsuccessful in clearing three papers i.e. Constitutional Law, Transfer of Pro perty Act and Labour Law. Situated thus, she approached the concerned authoritie s of the University to permit her to appear in the said examination once again i n 2009. Her request was declined. The University in its affidavit with reference to the new Regula tions and Syllabus for LLB Course for the year 2000 has pleaded that as the peti tioner had by 2009 exhausted all the four chances available to her to clear the Intermediate LLB Examination it had rightly refused permission to her to take the said examination in the said year. Mr Chetri, learned counsel for the petitioner by placing relian ce on the decision of the Division Bench of this Court in Chow Pinkkham Munglang Vs Gauhati University & Ors, reported in 2007(4) GLT 878 has urged that as admi ttedly the petitioner had not appeared in the LLB (Intermediate ) Examination he ld in 2005, she could not be said to have she availed that chance and therefor e in terms of the Regulations she was entitled to take the LLB(Intermediate) Exa mination in the year 2009. Mr. Chakraborty has urged that failure on the part of the petit ioner to appear in the examination in the year would not save that chance and th erefore no interference is warranted. Upon hearing the learned counsel for the parties and on a consid eration of the averments made in the application supported by an affidavit as we ll as the documents annexed thereto and the decision rendered by the Division B ench of this Court in Chow Pinkkham Munglang (supra), I am inclined to sustain t he plea of the petitioner. The petitioner not having in fact availed the chance due to her illness in the year 2005 to appear in the LLB Examination, she could not be construed to have exhausted the same. Her attempt in the year 2009 in te rms of the Regulations is therefore within the purview of the permissible chance s available thereunder. In that view of the matter the petitioner is entitled to have her r esults declared of the LLB Intermediate Examination, 2009. The writ petition as well as the Misc application are allowed in the above terms. No costs.