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Kerala High Court

Riyas N.K vs Udai Singh Tolia on 17 January, 2012

Author: S.Siri Jagan

Bench: S.Siri Jagan

       

  

  

 
 
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                    THE HONOURABLE MR.JUSTICE S.SIRI JAGAN

             TUESDAY, THE 29TH DAY OF MAY 2012/8TH JYAISHTA 1934

               Con.Case(C).No. 543 of 2012 (S) IN WPC/33834/2011
              ----------------------------------------------------------------
 AGAINST THE ORDER/JUDGMENT IN .NO./ IN WPC.33834/2011 DATED 17-01-2012

PETITIONER(S):
-------------

       1. RIYAS N.K., AGED 28 YEARS
          AGED 28 YEARS, S/O.KUNJU MOHAMMED UMMER
          NEDUMPURATH HOUSE, MUDAVOOR P.O., MUVATTUPUZHA
          ERNAKULAM-686 669.

       2. SAM KOLLANNORE U.,
          AGED 39 YEARS, S/O.K.V.UKKARU, KOLLANNORE HOUSE
          NADUTHURUTHU, S.VAZHAKKULAM P.O., ALUVA
          ERNAKULAM-683 105.

          BY ADV. SRI.KALEESWARAM RAJ

RESPONDENT(S):
--------------

       1. UDAI SINGH TOLIA
          FATHER'S NAME AND AGE ARE NOT KNOWN TO THE PETITIONERS
          REGISTRAR, INDIRA GANDHI NATIOAL OPEN UNIVERSITY
          MAIDAN GARHI, NEW DELHI-110 068.

       2. PROF.M.ASLAM,
          FATHER'S NAME AND AGE ARE NOT KNOWN TO THE PETITIONERS
          VICE CHANCELLOR
          INDIRA GANDHI NATIONAL OPEN UNIVERSITY
          MAIDAN GARHI, NEW DELHI-110 068.

       3. PROF.UMA KANJILAL
          FATHSER'S NAME AND AGE ARE NOT KNOWN TO THE PETITIONERS
          DIRECTOR.

          BY P.M.M.NAJEEB KHAN STANDING COUNSEL

         THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 29-05-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:



                          S.SIRI JAGAN, J
                 ------------------------------------------
                      COC. No. 543 of 2012
                ---------------------------------------------
             Dated this the 29th day of May, 2012

                             JUDGMENT

The petitioner in the writ petition complains of non- compliance with Annexure-1 judgment, wherein I directed as follows:

The learned Standing counsel for the 1st respondent University submits that the results of the petitioners' examination have already been published. He submits that the mark lists, degree certificates and course certificates of the petitioners can be released within three weeks. But he points out that degree certificates can be issued only to those petitioners who have passed the examination. This is recorded and the writ petition is closed.
The learned Standing counsel for the University submits that the judgment has been fully complied with. The learned counsel for the petitioner submits that although other documents have already been released, the degree certificate has not been issued. Standing Counsel for the COC. No. 543 of 2012 2 University submits that degree certificate can be issued only in the convocation yet to be conducted or after the convocation, by post. In view of the said submission, I do not think that there is any cause of action for initiating proceedings under the Contempt of Courts Act. Accordingly, the contempt of court case is closed. Needless to say, even after the convocation petitioner is not issued with degree certificate, despite the petitioner passing the examination, the petitioner may approach this Court again.
S.SIRI JAGAN, JUDGE pm