IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL. Writ Petition No. 1380 (M/S)of 2008 (Dist-Udham Singh Nagar) Neeraj Kumar Singh, S/o Sri Vindhyanchal Singh R/o 403/1 New Awas Vikas, Kashipur, District Udham Singh Nagar. ……Petitioner. Versus Kumaon University, Nainital through its Registrar Dist. Nainital and another. ……..Respondents. Sri Veer Kunwar Singh, learned counsel for the petitioner. Sri Manav Sharma, advocate holding brief of Sri B. D. Upadhyay, learned counsel for the respondent no. 1. Sri Rajendra Dobhal, learned counsel for the respondent no. 2. Date: -- 11.8.08 Hon’ble B.S.Verma, J. Heard Sri Veer Kunwar Singh, learned counsel for the petitioner, Sri Manav Sharma, advocate holding brief of Sri B.D. Upadhyay, learned counsel for the respondent no. 1 and Sri Rajendar Dobhal, learned counsel for the respondent no.2. This writ petition has been filed by the petitioner to issue a writ or direction in the nature of mandamus directing the respondent no. 2 to give provisional admission to the petitioner in M.C.A. Course in G.B. Pant University and to issue a writ or direction in the nature of mandamus directing the respondent no. 1 to issue mark sheet of B.C.A. (Final year) 2008 of the petitioner at the earliest. The grievance of the petitioner is that he has applied for M.C.A. and counseling for that is under progress. If the petitioner is not issued the marksheet of B.C.A. (Final year) 2008, he cannot appear in the counseling of M.C.A. On 8.8.08 this writ court directed the counsel for respondent no. 1, Sri B.D. Uapdhyay to inform the Court after seeking instruction from the University how much marks the petitioner has obtained in the 6th Semester of B.C.A. (Final Year) 2008 or whether he is pass or fail. On the basis of instruction Sri Manav Sharma, advocate holding brief of Sri B.D. Upadhayay has stated that the petitioner passed in 6th Semester of B.C.A. (Final Year) 2008 but he will appear in improvement exam of 4th semester in which he got only 7 marks out of 70, so the marksheet could not be issued of the 6th Semester to the petitioner. Since the petitioner has not successfully passed in 4th Semester, no mandamus can be issued in favour of the petitioner. The writ petition is devoid of merit. The writ petition is dismissed in-limine. All pending applications stands disposed of accordingly. (B.S.Verma, J.) 11.8.08 RMY