WP(C) 612/2011 BEFORE THE HON’BLE MR. JUSTICE A C UPADHYAY Heard learned counsel for the petitioner as well as Mr. S. Chakraborty, learned counsel appearing for the respondent Nos.1 and 2. The facts in brief projecting the petitioner’s pleaded case would be necessary f or the disposal of this petition. The petitioner after passing Higher Secondary Examination took admission in the three years degree course (TDC) in Commerce st ream in the BH College, Howly, Barpeta, in the session 2004-2005 under the Gauha ti University. The petitioner appeared in the B.Com Part-I Examination in the ye ar 2005 and duly passed the same. His endeavour to clear the B. Com Part-II Exam ination in the next year however did not yield any fruitful result. He could not appear in B Com. Part-II Examination in the year 2007 due to illness, but unfor tunately could not submit a gap certificate. His result in B. Com. Part-III, how ever, was withheld. The petitioner appeared in B. Com. Part-II Examination in th e year 2008, but could not pass the examination. He however has cleared the said examination in his attempt taken in the year 2009. However, in spite of his results in Part-II in the B. Com., the results of Part -III Examination have remained withheld and his representations have also failed to evoke any response. Therefore, the petitioner is before this Court for redre ss. Learned counsel for the petitioner, with reference to Regulation 11(g) of the Re gulation for B. Com.(TDC) Course(hereafter referred to as the Regulation), has u rged that as evidently the petitioner has passed the B. Com. Part-II Examination in his second attempt, withholding of the results of the Part-III Examination o n the purported ground that he has availed four chances in passing B. Com. Part- II Examination is apparently flawed. According to him, as the petitioner did not take the B. Com. Part-II Examination in 2007, he could not be said to have exha usted his chances in these years. In support of his submissions, learned counsel for the petitioner has placed reliance on a decision of this Court in Chow Pink kham Munglang vs. Gauhati University & Ors. : 2007(4) GLT 878. Mr. Chakraborty, in reply has contended that having regard to the year in which the petitioner was due to appear in B. Com. Part-II Examination for the first ti me, his results have been rightly withheld in terms of Regulation 11(g) of the R egulation he having consciously not taken the said Examination in the year 2007. After hearing the learned counsel for the parties and on a consideration of the pleaded facts supported by documents appended to the writ petition, this Court i s inclined to sustain the plea taken on behalf of the petitioner. That being so, in view of the decision rendered by a Divisiion Bench of this court in Chow Pin kkham Munglang(supra) he could not be said to have exhausted the chances otherwi se available to him in these two years. The petitioner, therefore, has passed th e B. Com. Part-II Examination in the year 2009. The fact that the University has allowed him to sit in the B. Com. Part-II Examination of that year cannot be li ghtly brushed aside as well. On a totality of the considerations as above, this Court is of the view that the petitioner is entitled to be made known the results of his Part-III Examination in which he appeared in the year 2008. Ordered accordingly. The University woul d declare the petitioner’s results in B. Com. Part-III Examination forthwith. The petition stands allowed in the above terms. No costs.