Madras High Court
Meenu Ramesh Kumar vs The Registrar on 20 February, 2023
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
W.P.No.4457 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2023
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.No.4457 of 2023
and W.M.P.No.4483 of 2023
Meenu Ramesh Kumar ...Petitioner
Vs.
1.The Registrar,
Tamil Nadu Agriculture University,
Coimbatore – 641 003,
Coimbatore District.
2.The Controller of Examination,
Tamil Nadu Agricultural University,
Coimbatore – 641 003,
Coimbatore District.
3.The Principal,
Nammazhvar College of Agricultural Technology,
Kamuthi,
Ramnad District,
Tamil Nadu.
4.The Secretary,
Kerala Public Service Commission,
Pettah,
Thiruvananthapuram,
Kerala State.
...Respondents
https://www.mhc.tn.gov.in/judis
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W.P.No.4457 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
for the issuance of a Writ of Mandamus, to direct the first and second
respondents to consider the representation of the petitioner dated
3.12.2022 and 24.1.2023 in accordance with law and issuing Provisional
Degree Certificate of B.Sc. Agriculture Certificate and Transcript Card of
the petitioner as 4.1.2021 instead of 5.2.2021 of the petitioner B.Sc.
Agriculture Degree Certificate of Tamil Nadu Agricultural University,
Coimbatore on equitable consideration relating back to original date
decret of results on 4.1.2021 and Transcript Card to the petitioner to
secure the ends of justice.
For Petitioner : Mr.R.Sankarasubbu
For Respondents : Mr.C.Prakasam
ORDER
The petitioner had completed her Higher Secondary and joined B.Sc., Agriculture at Tamil Nadu Agricultural University at Coimbatore. She had written her sixth semester examination on 04.01.2021. The results were actually declared on 08.01.2021. The petitioner was declared successful. This result was declared by the College where the petitioner studied viz., Nammalvar College of Agricultural Technology at Kamuthi in Ramanathapuram District.
https://www.mhc.tn.gov.in/judis 2/10 W.P.No.4457 of 2023
2.After the College had corrected and evaluated the answer paper of the petitioner and had declared the petitioner as passed and had also verified the attendance of the petitioner for that semester, they forwarded the entire records to the University viz., the Tamil Nadu Agricultural University at Coimbatore. The University officials thereafter once again re-verified of the same records. They did not change the fact that the petitioner had completed the course. They did not change the fact that the petitioner had physically attended the College and had obtained requisite attendance. They did not change the fact that the petitioner had passed the examination.
3.After such verification, a Report Card was also issued on 01.02.2021, but the certificate bore the date 05.02.2021. The petitioner now claims that the date of passing the examination should relate back, to the date of examination. The date of examination was 04.01.2021.
4.A similar issue in which the petitioner therein had actually applied for re-evaluation and re-totalling and then was declared passed was taken up for consideration by a Learned Single Judge of this Court in W.P.No.5840 of 2022 in Ashique.M. vs. The Registrar, Tamil Nadu https://www.mhc.tn.gov.in/judis 3/10 W.P.No.4457 of 2023 Agricultural University, Coimbatore, Coimbatore District and 2 others. By an order dated 16.03.2022, learned Single Judge had ordered as follows:
18.The last sentence in the certificate reads ?result declared on 26.02.2021?. The explanation set forth to justify this date is that the University and the college, i.e., R1 and R3 engage in an exchange of correspondence as per which the results are -declared- by the college to the University and it is only this -declaration- that formalizes the result.
19.While this may constitute procedure as between the parties, it certainly cannot indicate the date on which the candidate has written and either succeeded or failed in the examination. For this purposes, the actual date is well available when the candidate had appeared for the exam and this, in my view, would be the relevant date to determine his/her success/failure. Such date, in this case, is 10.01.2022.
20.If this procedure were not to be followed, any intervening delay on the part of the college/university, that is, elapse of time between the writing of the examination on the one hand and publication and declaration of result on the other, might have damaging consequences upon the career of the candidate, jeopardizing the possible https://www.mhc.tn.gov.in/judis 4/10 W.P.No.4457 of 2023 opportunities that have presented themselves, in the interim.
21.Take this very case. The petitioner has written the examination on 19.12.2020, results published on 10.01.2021, applied for revaluation and re-totaling on 11.01.2021 for which results were declared on 03.02.2021 when he was declared passed. In a case like this, the success of the petitioner in the examination must relate back to the original date of examination being 10.01.2021, as the error that was corrected subsequently by way of revaluation/retotaling, would enure wholly to the respondent college. The petitioner cannot be held responsible for the same.
22.This Writ Petition is allowed. The impugned order is set aside and the respondents are directed to re~issue the provisional degree certificate indicating that the petitioner was successful in the examination written by him on 10.01.2021,within a period of one week from date of receipt of a copy of this order. No costs. Connected Miscellaneous Petition is closed.
5.The ratio adopted by the learned Judge was that the date of the petitioner for success in the examination must relate back to the original date of examination. In that Writ Petition, that date of examination was 10.01.2021. In this case, the date of examination was 04.01.2021. https://www.mhc.tn.gov.in/judis 5/10 W.P.No.4457 of 2023 Therefore, the date of success of the examination must be 04.01.2021 i.e., the date of the examination. The ratio laid by the learned Single Judge is applicable to the facts of this case. Though in that case, even though there was re-evaluation and re-totalling still the date of success in the examination related back to the date on which the examination was actually conducted on 10.01.2021. In this case, the petitioner was declared passed, having successfully written the examination. It was also held in the earlier case that the petitioner cannot be held responsible for the internal communication between the College and the University. Even in this case, the petitioner cannot be held responsible for that particular aspect.
6.Learned counsel appearing for the University however stated that the date of declaration of the results was on 05.02.2021 and the petitioner had come to the Court after two years.
7.Still it is to be appreciated that the petitioner had actually come to the Court. These are not cases which are barred by limitation. These are cases in which the facts stand on records. The date of examination is a fact. That the petitioner wrote the examination is a fact. That the https://www.mhc.tn.gov.in/judis 6/10 W.P.No.4457 of 2023 petitioner passed the examination is a fact. Therefore, it is only appropriate that the petitioner is declared pass on the date of examination. A certificate only establishes that particular fact. It is nothing more, nothing less.
8.The Writ Petition stands allowed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
9.Even in the order relied by me, it had been directed that the Provisional Degree Certificate must be reissued indicating that the petitioner was successful in the examination written on the date of examination. Therefore, even in the present case, the respondent particularly, the Tamil Nadu Agricultural University must reissue the Provisional Degree Certificate of the petitioner indicating that the petitioner was successful in the examination written by the petitioner on 04.01.2021. Such Provisional Degree Certificate must be reissued within a period of one week from the date of receipt of a copy of this Order. https://www.mhc.tn.gov.in/judis 7/10 W.P.No.4457 of 2023
10.The petitioner had applied for the Post of Agricultural Officer in the fourth respondent/Kerala Public Service Commission and had been selected. However, there was a confusion about the cut off date viz., 03.02.2021. Since the petitioner is now qualified for such selection by the examination written on 04.01.2021 a clarification is issued that the petitioner is eligible and is suitable for the Post of Agricultural Officer in Kerala Public Service Commission as she had successfully passed the examination held on 04.01.2021 itself. The Provisional Degree Certificate issued on directions of this Court can very well be used by the fourth respondent Kerala Public Service Commission.
20.02.2023 Index: yes/no Speaking Order/Non-speaking order pam Note: Issue order copy on 22.02.2023 https://www.mhc.tn.gov.in/judis 8/10 W.P.No.4457 of 2023 To
1.The Registrar, Tamil Nadu Agriculture University, Coimbatore – 641 003, Coimbatore District.
2.The Controller of Examination, Tamil Nadu Agricultural University, Coimbatore – 641 003, Coimbatore District.
3.The Secretary, Kerala Public Service Commission, Pettah, Thiruvananthapuram, Kerala State.
https://www.mhc.tn.gov.in/judis 9/10 W.P.No.4457 of 2023 C.V.KARTHIKEYAN, J.
pam W.P.No.4457 of 2023 20.02.2023 https://www.mhc.tn.gov.in/judis 10/10