Dayal, C.J.@mdashThe petitioner was a student of three year LL.B. course in Sikkim Govt. Law College at Gangtok affiliated with the North Bengal University. He passed the Intermediate Examination held in 1997. He was not admitted to the examination for the third year to be held in 1998 on the ground that he could not secure requisite number of attendance. Case of the petitioner is that the register of attendance was manipulated by the College authorities with the result that he was not given attendance as per the factual position. He has prayed for a writ, order or direction in the nature of mandamus/ certiorari declaring that attendance registers were manipulated unlawfully and are, therefore, null and void and could not be based for counting of requisite percentage of attendance to qualify in the final year of three year LL.B. course. A further mandamus has been sought directing the respondents to supply the examination form and to allow him to appear in the final year examination scheduled to be held from 19th August, 1998 to 31st August, 1998. Undoubtedly, this relief has become Infructuous. A further writ, order or direction in the nature of mandamus/certiorari is claimed for declaring the act of respondent No. 1 to change the schedule time of evening classes from 4.00 p.m. and onwards to 1.45 p.m. and onwards, illegal and against the norms of the North Bengal University. Some other ancillary reliefs are also claimed. On 14th July, 1998, this Court took note of the fact that the writ petition contains several disputed questions of facts which this Court could not enter into. Therefore, a Special Officer was appointed to examine the Principal, Law College, Lecturers of Sikkim Government Law College, the petitioner and others and also the documents which the Special Officer would consider appropriate. The Special Officer was required to submit report as to whether the statements made in the writ petition are correct or not. Initially, Secretary (Law), Government of Sikkim was appointed as Special Officer and, subsequently, Shri B.C. Sharma, District and Sessions Judge, South and West was substituted in his place, vide order dated 30th November, 1998. The report of the Special Officer, Shri B.C. Sharma, has been received to the effect that the allegations in the petition are wild and without substance. Similar report dated 14th August, 1998 of the Vice-Chancellor of the University of North Bengal which was submitted in pursuance of the order is also on record. Relevant portion of the report reads as under :--
"I have carefully examined all the papers and documents submitted to me and also the different points raised during the personal deposition of the applicants. The main basis of my consideration is the certified copy of the attendance of the petitioners in 3rd year LL.B. class during the academic session, 1997-98. This clearly shows the petitioner''s deficiency in attending requisite minimum number of classes. The petitioners also have accepted this. But they have disputed the correctness of this record on the plea of manipulation as pointed out earlier. I do not find any convincing proof in support of this alleged manipulation. Therefore, I have no doubt about their ineligibility to appear at the Final LL.B. examination following the norms set by both the University of North Bengal and the Bar Council of India."
2. After hearing arguments, we see no reason to come to a different conclusion. Apart from lack of merit, for another reason also, the petitioner is not entitled to any relief, as he did not come with clean hands. Paragraph 3 of the writ petition states as under :--
"3. That the schedule time for conducting the evening classes for three year LL.B. Course was from 4.00 P.M. onwards but the Principal. Sikkim Govt. Law College, all of a sudden in the midst of the session, arbitrarily changed the evening classes hours from 4.00 P.M. onwards to 1.45 onwards on the assurance, that, students, who would be unable to attend classes being Government employees, because of change of classes hours, should be given attendance to appear in the final year Examination to be held in 1998. The unilateral decision of the respondent No. 1 caused grave inconvenience to most of the students of evening classes particularly the students who were Govt. employees. The Principal, thus bye-passed the norms of the North Bengal University, unlawfully and changed the schedule time of evening classes."
3. The statement that the Principal, Sikkim Government Law College, all of a sudden in the midst of the session arbitrarily changed the evening classes hours from 4.00 p.m. onwards to 1.45 p.m. onwards has to be treated as factually untrue, for the purpose of the petition, as vide application dated 17th November. 1997 addressed to the Principal, 22 students made a request, in view of the difficulties faced by them to attend the classes from 4.00 p.m., to change the timing of the classes to 2.00 p.m. onwards. The petitioner concealed the material fact that the timing was changed on the request of 22 students. The allegation made by him that the timing was changed all of a sudden and arbitrarily was misleading.
Accordingly, the petition is dismissed with costs, computed at Rs. 2.000/- payable to the Principal. Sikkim Government Law College, respondent No. 1.
