Madras High Court
G.Kartheekbrungi vs The Registrar on 8 July, 2015
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2015
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P(MD)No.9099 of 2015
G.KartheekBrungi ..Petitioner
Vs
1.The Registrar,
Manonmaniyam Sundaranar University,
Tirunelveli District,
Tamil Nadu State.
2.The Controller of Examination,
Manonmaniyam Sundaranar University,
Tirunelveli District,
Tamil Nadu State.
3.The Associate Dean-Academics,
Indian School of Business & Economy,
IIPM Tower,
6-3-252/2, Erramanzil,
Banjara Hills,
Hyderabad-500 082. ..Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus directing the respondents 1 &
2 to issue individual statement of marks for all the semesters and
consolidated mark statement and original degree certificate in the MBA Course
pursued by the petitioner in the 3rd Respondent and further directing the
respondents 1 & 2 to take appropriate action including criminal action
against the 3rd Respondent institution for issuance of statement of marks
dated 07.04.2011 after appropriate enquiry and further directing the
respondents 1 & 2 to revalue the answer script in the quantitative technique
paper of the 1st semester on the basis of representation of petitioner dated
16.03.2015.
!For Petitioner :Mr.B.Saravanan
For Respondents :Mr.Mahaboob Athiff for
M/s.Ajmal Associates
for RR-1 & 2
:ORDER
The writ petitioner has come forward with the aforesaid prayer to issue a Writ of Mandamus, directing the respondents 1 & 2 to issue individual statement of marks for all the semesters and consolidated mark statement and original degree certificate in the MBA Course pursued by the petitioner in the 3rd Respondent and further directing the respondents 1 & 2 to take appropriate action including criminal action against the 3rd Respondent institution for issuance of statement of marks dated 07.04.2011 after appropriate enquiry and further directing the respondents 1 & 2 to revalue the answer script in the quantitative technique paper of the 1st semester on the basis of representation of petitioner dated 16.03.2015.
2. The case of the petitioner is that he was pursuing MBA Course in IIPM (Hyderabad) , affiliated to the 1st respondent University between 2010 & 2012 and he appeared in the 1st semester. Though he performed well in the examination, he was awarded only 35 marks in the Quantitative Techniques Paper. Hence, he made an application with a request to furnish xerox copy of the answers script and with a further request for the revaluation of the answer script. Required fee for revaluation has also been made by the petitioner. On revaluation, it was found that random marks were awarded . Hence, he sent several e-mails to the representative of the 3rd respondent, requesting to bring the matter to the knowledge of the 1st respondent University to get the answer script properly revalued and to award proper marks. After that, he was awarded 72 marks in the particular subject paper. Then, he was allowed to write the examinations by the 3rd respondent herein in the remaining semesters namely 2nd, 3rd and 4th semesters.
3. It is the further case of the petitioner that after completion of three years, he was not issued with the original mark sheets for the four semesters, consolidated mark statement and degree certificate. Thereafter, he approached the first respondent in person to know the reason. To his shock and surprise, the first respondent informed him that he failed in the first semester. Thereafter, the petitioner made a representation dated 16.03.2015 to the respondents herein with a request to the respondents 1 & 2 to issue original individual mark statement for all semesters apart from the consolidated mark statement and degree certificate. Even though, he has paid necessary fees, no action has been taken on his representation. Hence, he has approached this Court with the aforesaid prayer.
4. The respondents have not filed any counter affidavit. However, it is submitted by the learned counsel appearing for the respondents 1 & 2 that the petitioner has not cleared the examinations and hence, he is not entitled to get the consolidated mark-sheet and also the Degree Certificate. It is further submitted that the contract entered into between the first respondent and third respondent has already been terminated.
5. The learned counsel for the petitioner further submitted that he has got the documents collected under the Right to Information Act. Hence, the petitioner's representation may be considered, based on his representation, dated 16.03.2015.
6. Heard both the parties.
7. Considering the above submissions made on both sides, this Court is inclined to dispose of the writ petition in the following terms:
"i) Petitioner's paper (Quantitative Techniques Paper) shall be revalued, on production of necessary document collected by the petitioner under the Right to Information Act.
ii)The respondent shall produce individual mark statement to the petitioner.
iii)Consolidated mark-sheet shall be given to the petitioner, after completion of the graduation.
iv)Original certificate will be handed over to the petitioner, after clearing the MBA course.
v)As the contract has been terminated by the University with the third respondent, the petitioner applied for a copy of the necessary papers, which has been furnished by the University. After the same is produced, the learned counsel for the respondents 1 &2 fairly submitted that necessary papers will be revalued and action would be taken.
vi)The Degree Certificate will be produced subject to eligibility.
There is no order as to costs. Consequently, connected M.P.(MD.No.1 of 2015 is closed.
To
1.The Registrar, Manonmaniyam Sundaranar University, Tirunelveli District, Tamil Nadu State.
2.The Controller of Examination, Manonmaniyam Sundaranar University, Tirunelveli District, Tamil Nadu State.
3.The Associate Dean-Academics, Indian School of Business & Economy, IIPM Tower, 6-3-252/2, Erramanzil, Banjara Hills, Hyderabad-500 082. .