WP(C) 4571/2009 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. PD Nair, learned counsel appearing for the petitioner. Also he ard Mr. LP Sharma, learned Standing Counsel, Gauhati University. 2. By this writ petition the petitioner has prayed for a direction to the U niversity authorities to allow her to appear in the arrear subjects- Paper 2 and 3, i.e. Contract -II and Constitutional Law in the ensuing LL.B. Intermediate E xamination conducted by the Gauhati University. 3. The facts, in brief, leading to the institution of the instant proceedin g is narrated hereinbelow: The petitioner got herself admitted in the LL.B Preliminary course in the academ ic Session 2003-2004. She passed LL.B Preliminary Examination in 2007. In the me anwhile, she appeared LL.B. Intermediate Examination in the year 2005 from sick bed due to her ill health but, she failed. Again she appeared in the Intermediat e Examination from the sick bed and she failed. In January, 2007 and November, 2 007 she had appeared in the LL.B. Intermediate Examination again from sick bed. The petitioner appeared in final LL.B. Examination held in December, 2007 from t he sick room due to her ill health. She passed in all other papers barring paper s II, III and IV. However, it was indicated in her mark sheet that she was eligi ble to appear in those papers as arrear/back papers. The petitioner appeared in those papers in the LL.B. Final Examination, 2008 under Roll No.677 but, her res ults thereof have been kept withheld due to non-clearing of her arrear subjects in the LL.B. Intermediate Examination. The petitioner, thereafter, appeared in t he LL.B. Intermediate Examination held in November, 2008 from the sick room agai n due to her ill health and this time she passed in all other subjects but, fail ed in two subjects. She was allowed to submit the form for appearing in those ar rear subjects in 2009. Accordingly, she had submitted her duly filled up forms a nd had paid the requisite examination fee and a receipt thereof dated 10.9.2009 bearing No.37317 was issued acknowledging the receipt of the examination fee for back papers. However, she has not been issued the admit card and has not been a llowed to appear in the said arrear subjects. After coming to know about the sam e, the petitioner submitted an application dated 27.10.2009 with an undertaking to the respondent No.2 through proforma respondent No.4, i.e. the Principal of J B Law College, who had put a note thereon recommending that a special chance may be allowed to the petitioner. However, respondent No.2 had issued a letter date d 27.10.2009 informing the petitioner that she is not eligible to sit in the ens uing LL.B. Examination, 2009. Hence, the instant application with the aforesaid prayer. 4. Mr. Nair, learned counsel appearing for the petitioner has submitted that the petitioner is a sickly girl and suffers from severe allergic sinusitis, dust allergy and spondylosis. Even small amounts of dust leads to her having severed bouts of allergy. Moreover, she suffers from acute back pain as a result of spondylosis. Initially, she was treated by Dr. A Baruah, an allopath ic doctor working as the Medical Officer of the Indian Institute of Technology, Guwahati; however, as she did not get complete relief from allopathic treatment, she underwent homoeopathic treatment under Dr. NK Bhattacharjya from the later part of 2007 onwards. She had been given a medical certificate dated 1.1.2006 by her attending doctor, Dr. A Baruah, certifying that she was diagnosed to be suf fering from Allergic Sinusitis and low back pain and was treated by him from 26. 10.2005 to 31.12.2005 and was advised rest for the same period. She had been giv en another medical certificate dated 31.10.2007 by her attending doctor, Dr. A B aruah, certifying that she was diagnosed to be suffering from Cervical Spondylos is and was treated by him from 18.12.2006 to 30.1.2007 and was advised rest for the same period. She had been given another medical certificate dated 21.10.2008 by her attending doctor, Dr. NK Bhattacharjya, certifying that she was diagnose d to be suffering from Dust Allergy along with Pneumonia and was treated by him from 22.10.2007 to 20.1.2008. She had been given another medical certificate dat ed 17.2.2009 by her attending doctor, Dr. NK Bhattacharjya, certifying that she was diagnosed to be suffering from Tonsillitis along with Pyrexia and was treate d by him from 2.10.2008 to 15.2.2009. As she was suffering from these aliments, she did not fare well in her examinations despite her best efforts and because o f her illness she could not clear the two subjects in the LLB Intermediate Exami nation, i.e. Contract-II and Constitutional Law and thus, it was recorded in the mark sheet that she is eligible to appear in those subjects as arrear subjects and accordingly, she had appeared in the LLB Final Examination held in December, 2007, wherein she had passed in all other papers barring Papers 2 and 4 and it was indicated in the marksheet that she was eligible to appear in those papers a s arrear/back papers. She had accordingly, appeared in those papers in the LLB f inal Examination, 2008 under Roll No.677, however, her results thereof have been kept withheld due to non clearing of her arrear subjects in the LLB Intermediat e Examination. 5. Mr. Nair has drawn the attention of the Court to the clauses 14, 15, 16 and 17 of the Gauhati University Regulations (’Regulations’ for short). Relevant Regulations 14, 15 and 16 are quoted hereinbelow: 14. A candidate who fails to pass or fails to appear in the first due examinati on shall have to pass in that examination within the period of holding the next two consecutive examination. 15. A candidate shall be required to clear his/her LL.B. degree within five year s from the date of his/her first due examination in LL.B Preliminary, provided t hat a student shall be allowed to appear in not more than three chances in each part the LL.B. Examination. 16. (a) If the candidate fails in not more than three subjects in any of the examination leading to LL.B. degree he/she shall be allowed to clear the subjec t(s) provided he/she can obtain the minimum aggregate marks calculated on the ba sis of the remaining eight/seven/six papers as the case may be, this being nine/ eight/seven papers in case of LL.B. (Final) Examination. (b) If the candidate fails in one/two subject(s) but cannot obtain aggregate of 45% marks in the remaining eight/seven subject, his/her marks in two/one sub ject(s), will be cancelled if by doing so aggregate of 45% marks is fulfilled. T he candidate shall then be made eligible for back in not more than three subject s and cancellation of subject(s) will be done by the University in ascending ord er of marks secured by the University in ascending order of marks secured by the candidate in that particular examination. 6. The petitioner has recently come to know that respondent No.2 issued a n otification dated 27.9.2007 communicating the modification of Clause 15 of the R egulation to the effect that one special chance each will be given to the candid ates of any two of the three LL.B. Examinations, provided that the candidate mus t complete the LL.B. degree within six years from the date of their first due LL .B. Preliminary examination. It was also mentioned in the said notification that individual applications of such candidates must be submitted through the concer ned Principals by giving individual undertaking that the candidates shall not as k for anymore chances in future. 7. Referring to the above notification dated 27.9.2007, Mr. Nair has submit ted that her first due LL.B. Preliminary examination was in 2004, so in terms of the aforementioned modification of Clause 15 of the Regulation vide notificatio n dated 27.9.2007, the petitioner has to complete all the examinations for the L L.B. Degree within 2010. Further, as mentioned hereinabove, as she had not passe d in only 2 subjects and had obtained more than 45% marks in the remaining 7 sub jects, in accordance with the provisions of the aforementioned Clause 16 of the Regulation, she is entitled to be allowed to clear the said subjects. Hence, the petitioner is entitled to appear in her 2 arrear subjects in the LL.B. Intermed iate Examination in the ensuing LL.B. Intermediate Examination, 2009. 8. The petitioner had been allowed to submit the form for appearing in the arrear subjects of Intermediate LL.B. Examination to be held in 2009 by duly acc epting the form by issuing receipt. However, the admit card was not issued to he r. On enquiry, she had come to know from office of the respondent No.2 that her form was not accompanied by an application forwarded by the Principal of JB Law College, i.e. the Proforma respondent No.4. Coming to know about the same, she i mmediately submitted an application on 27.10.2009 with an undertaking to the res pondent No.2 through proforma respondent No.4, who had put a note on the body of the said application recommending that a special c hance may be allowed to her. Inspite of that the impugned letter dated 27.10.200 9 issued by respondent No.2 informing that she is not eligible to appear in the ensuing Intermediate LL.B. Examination, 2009. 9. Mr. Nair, learned counsel for the petitioner has very candidly submitted that an opportunity to clear the arrear subjects cannot be deemed to be a fresh chance/attempt at the examination, inasmuch as, the petitioner is to clear only two subjects in the LL.B. Intermediate Examination and she could not clear the said two subjects because of her ill health which was beyond her control. If she is not allowed to clear her arrear subjects injustice would be caused to the pe titioner, who has been persistent in her efforts to obtain the LL.B. Degree. Lea rned counsel for the petitioner has submitted that it is, therefore, expedient t o consider the case of the petitioner on humanitarian ground by allowing her to appear in the said two arrear subjects. 10. Learned counsel for the petitioner, in the above factual background, has submitted that having regard to the relentless efforts made by her to complete the course, she may be afforded one more opportunity to clear the two back paper s/arrear papers in the Intermediate LL.B. Examination, more so, as per notificat ion dated 27.9.2007, the petitioner has to complete all the examinations for the LL.B. degree within 2010. 11. Mr. Sarma, learned SC, Gauhati University has urged that the factual bac k ground narrated in the petition though unfortunate but, the prayer made by the petitioner is not tenable in view of the aforesaid Regulation in vogue. This C ourt has given due consideration on the pleaded averments and the arguments adva nced on behalf of the rival parties. The facts and circumstances of the case do not as such disclose any willful or deliberate omission or slackness on the part of the petitioner. The very fact that she had to appear in the examination ever y time from the sick bed demonstrates her resolve and determination. 12. This Court being a forum of equity, considering the facts and circumstan ces of the case, is of the opinion that the petitioner ought to be allowed one m ore chance to clear her back papers in the LL.B. Intermediate Examination as an exception case. However, this endeavour by a court of equity is only to enable a candidate to avail an opportunity which she deserves on sympathetic considerati on emerging from the contextual facts. This by no means should be construed to b e a relaxation of the Regulations and/or the notification as well. 13. In the above factual background, respondent authorities would permit the petitioner to take the papers which she is still to clear in the Intermediate L L.B. Examination and to issue admit card accordingly. However, it is made clear that this ought not to be taken as precedent in future. 14. The writ petition is, accordingly, disposed of. No costs.