The students of Patra University appeared in an examination under a special scheme, and their results were declared but the degree of successful students was not issued as the University decided to further examine the st

The facts of the given situation are similar to case of Biju Patnaik University of Tech. Orissa v. Sairam College, AIR 2010 (NOC) 691 (Orissa) decided by High Court of Orissa. In this case one private university permitted to conduct special examination of students prosecuting studies under one time approval policy. After inspection, 67 students were permitted to appear in the examination and their results declared. However, university declined to issue degree certificates to the students on the ground that they had to appear for further examination for another condensed course as per syllabus of university. It was held that once students appeared in an examination and their results declared, the university is estopped from taking decision withholding degree certificate after declaration of results. In the given situation the relevant rule of evidence is doctrine of estoppel . The general rule of estoppel is when one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative to deny the truth of that thing. (Section 115 of Indian Evidence Act, 1872). It is based on the principle that it would be most inequitable and unjust that if one person, by a representation made, or by conduct amounting to a representation, has induced another to act as he would not otherwise have done, the person who made the representation should not be allowed to deny or repudiate the effect of his former statement to the loss and injury of the person who acted on it ( Sorat Chunder v. Gopal Chunder ). In the given situation, doctrine of estoppel can apply and the university can be estopped from further examining the students on additional subjects.