Devdeep Singh v. Dr Subhashis Datta, Controller Of Examination, Makaut And ANR
Court No. 38 In the High Court at Calcutta Special Civil Jurisdiction 19.12.2025 (Item No. 36) (AB) Appellate Side C.P.A.N. 1847 of 2025 in W.P.A. 20261 of 2025 + CAN 1 of 2025 + CAN 2 of 2025 Devdeep Singh VS Dr. Subhasis Datta, Controller of Examination, Maulana Abul Kalam Azad University of Technology & Anr.
Mr. Sattwik Bhattacharyya Mr. Aashutosh Bhattacharyya Mr. Aritra Roy Mr. Rohit Basak .... For the petitioner/ Applicant in CAN 2 of 2025 and Contempt Application Mr. Nilotpal Chatterjee Mr. Suddhadev Adak .... For the State Mr. Joydip Kar Mr. Pijush Biswas Ms. Suchitra chatterjee .... For respondent no. 4 in CAN 1 & 2 of 2025 and alleged contemnor no. 2 in CPAN 1847 of 2025 Mr. Soumya Mazumder Mr. Uttam Kumar Mandal Mr. Pourush Bandyopadhyay .... For University In Re: CAN 1 of 2025 and CAN 2 of 2025 CAN 1 of 2025 is an application for modification of the judgment and order of this Court dated November 3, 2025 taken out by respondent no. 3/University in the fact situation mentioned therein. CAN 2 of 2025 is an application praying for modification of the same judgment and order of this
Court dated November 3, 2025 taken out by writ petitioner in the fact situation mentioned therein. After hearing the parties it appears to this Court that a procedural rigour has arisen for which the future of a student cannot suffer.
The original pass out year of the petitioner is 2024-2025. Had he not become unsuccessful to any examination and he would not have to appear in the supplemental examination.
In the facts of this case, the petitioner being an unsuccessful candidate had appeared in the special supplemental examination on November 6, 2025. He has become successful ultimately.
The law is well settled that, if a candidate appears in a supplemental examination and ultimately become successful then his/her academic pass out year should be considered as the original pass out year had there not been any supplemental examination for him/her to appear.
The College has intimated the petitioner by a communication dated December 1, 2025 at page 15 to the affidavit-in-opposition filed by respondent no. 4 in CAN 2 of 2025 that he has qualified but the College has not yet published the final result.
In view of the above, it is made clear and clarified that when the College shall publish result which will show that the petitioner has qualified in the
supplemental examination, the pass out year for the petitioner should be considered as 2024-2025. Taking into account of the said pass out year of the petitioner being 2024-2025, the University shall issue its certificate accordingly. Immediately after the final result shall be published, the College shall issue the necessary provisional certificate and final grade card in accordance with law.
The entire process shall be expedited both by the College and the University.
It is also clarified that, the final certificates shall be issued in favour of the petitioner along with all other pass out candidates for the year 2024-2025, on the same day.
With the above observations and directions the judgment and order dated November 3, 2025 stands clarified accordingly.
In view of the above, both the said two applications being CAN 1 of 2025 and CAN 2 of 2025 stand disposed of.
Since these applications have been disposed of and the original judgment and order stands modified, there will be no further force in the pending contempt application. The parties also jointly pray for dropping of the said contempt proceeding.
Accordingly, the contempt proceeding being CPAN 1847 of 2025 stands dropped and closed.
The application being CPAN 1847 of 2025 stands disposed of.
(Aniruddha Roy, J.)