Karnataka High Court
Mr. Olowookere Ayodeji Oluwasegun vs The Registrar (Evaluation) on 24 April, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2024:KHC:16542
WP No. 1857 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 1857 OF 2024 (EDN-RES)
BETWEEN:
MR. OLOWOOKERE AYODEJI OLUWASEGUN
S/O MR. OLOWOKERE SAMUEL ADEBAYO,
AGED ABOUT 31 YEARS,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
MR. OJO KAYODE EZEKIEL,
NO. 67/06, TOP GILGAL HOUSE,
1ST CROSS, JYOTHINAGAR, VIDYARANPURA,
BENGALURU-560097
...PETITIONER
(BY SRI. IGWE REMUGIUS CHIBUEZE.,ADVOCATE)
AND:
1. THE REGISTRAR (EVALUATION)
BANGALORE UNIVERSITY
Digitally signed MYSORE ROAD, GNANA BHARATHI,
by BENGALURU-560056
NARAYANAPPA
LAKSHMAMMA 2. M/S ADITYA INSTITUTE OF MANAGEMENT
Location: HIGH STUDIES AND RESEARCH
COURT OF
REPRESENTED BY HER PRINCIPAL CUM DIRECTOR,
KARNATAKA
MRS. PUSHPA SHETTY,
12, KOGILU MAIN ROAD,
MARUTHI NAGAR, YELAHANKA
BENGALURU-560064
3. MRS. PUSHPA SHETTY
THE PRINCIPAL CUM DIRECTOR,
ADITYA INSTITUTE OF MANAGEMENT
STUDIES AND RESEARCH
12, KOGILU MAIN ROAD,
MARUTHI NAGAR, YELAHANKA
-2-
NC: 2024:KHC:16542
WP No. 1857 of 2024
BENGALURU-560064
...RESPONDENTS
(BY SMT. SWATHI NAIK., ADVOCATE FOR
SRI. PRASANNA B R.,ADVOCATE FOR R1;
R2-SERVED;
V/O DATED 29.1.2024, WP DISMISSED AGAINST R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS
TO EXPEDITIOUSLY ISSUE THE 5TH SEMESTER BCA MARKS CARDS
FOR ALL THE SUBJECTS OF 5TH SEMESTER BCA, ALONG WITH
TRANSCRIPT AND DEGREE CERTIFICATE AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
i. Issue a writ of mandamus, order or direction, directing the respondents to expeditiously issue the 5th Semester BCA marks cards for all the subjects of 5th Semester BCA, along with transcript and degree certificate.
ii. Direct the Respondents to pay monetary compensation to the petitioner for the financial loss and mental agony caused to the petitioner by the conduct of the Respondents, including the cost of this litigation.
iii. Any other order/s or direction/s as this Hon'ble Court deems fit an proper on the facts and circumstances of this case in favour of the petitioner in the ends of justice.-3-
NC: 2024:KHC:16542 WP No. 1857 of 2024
2. During the pendency of the above matter, respondent No.2 - college has handed over the marks card to the petitioner. Though no prayer has been sought for, the grievance of the petitioner now is that due to belated hand over of the marks card, the petitioner could not apply for participation in the convocation; the last date for such submission being 22.03.2024 having lapsed. None appears for the college. The learned counsel for the University submits that the issuance or otherwise of the marks card had nothing to do with the petitioner applying for participation in the convocation.
3. Heard Sri.Igwe Remugius Chibueze, learned counsel for the petitioner and Smt.Swathi Naik, learned counsel for Sri.Prasanna B.R., learned counsel for respondent No.1 and perused the records.
4. The petitioner apparently was under the impression that it is only after the marks card is received that he should apply for convocation and as such, had come before this Court seeking for a direction to the -4- NC: 2024:KHC:16542 WP No. 1857 of 2024 respondents to issue the marks card. It is only after the above petition was filed that the marks card was issued by respondent No.2 to the petitioner. In that background, the date for the convocation not yet being fixed, I do not see any reason why the petitioner should be deprived from attending his convocation, which is one of the important days in one's life. In that view of the matter, I pass the following:
ORDER
i) The Writ Petition is allowed.
ii) A mandamus is issued directing respondent No.1 - University to consider the application filed by the petitioner himself or through a power of attorney holder, which shall be considered favorably by the respondent-
University and the respondent - University shall permit the petitioner to attend the convocation in person as and when scheduled.
Sd/-
JUDGE PRS, List No.: 1 Sl No.: 65