Karnataka High Court
Sri Sumesh K R vs The State Of Karnataka on 5 September, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION No.38508 OF 2011 (EDN-RES)
BETWEEN:
SRI.SUMESH K.R.
S/O RAMAKRISHNAN K.R.
AGED ABOUT 26 YEARS
R/O KURUPPASSERY HOUSE
ELOOR SOUTH
UYODAGAMANDALAM
ERNAKULAM
KERALA - 683 501 ...PETITIONER
(BY SRI.R.V.RAMESH KUMAR, ADVOCATE
FOR LAW MENS COMPANY, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF MEDICAL EDUCATION
M.S.BUILDING
BANGALORE
2. THE PRINCIPAL/SECRETARY
BANGALORE COLLEGE OF NURSING
NEAR HEELALIGE RAILWAY STATION
BANGALORE - 560 081
3. THE REGISTRAR
RAJIV GANDHI UNIVERSITY OF HEALTH
& SCIENCE
JAYANAGARA 4TH BLOCK
BANGALORE 560 069 ... RESPONDENTS
-2-
(SRI.R.OMKUMAR, AGA FOR RESPONDENT NO.1
SRI.N.K.RAMESH, ADVOCATE FOR RESPONDENT NO.3)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO
DIRECT THE CONCERNED RESPONDENTS TO ISSUE THE
4TH YEAR MARKS SHEET, TRANSCRIPT, CONVOCATION
CERTIFICATE, COURSE COMPLETION CUM CONDUCT
CERTIFICATE AND T.C OF THE PETITIONER VIDE
REGISTER NUMBER 04N9540 FORTHWITH IN ORDER TO
SECURE THE ENDS OF JUSTICE & ENQUITY.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner claims to have been admitted to the B.Sc Nursing Course in the second respondent - college during the academic year 2004-2005 and completed the course during the year 2008-2009 and though paid the course fees and other expenses to respondent No.2, in addition to remittance of fees/charges under 'challan No.588484 during July 2010 to the concerned authorities for issue of 4th year marks card, transcript, T.C., Conduct-cum-Course Completion Certificate and Convocation Certificate" in respect of petitioner's -3- registration No.04N9540, when not responded, has presented this petition.
2. Learned counsel for the petitioner though reiterates the averments in the petition, nevertheless, is unable to point out with reference to records the date of the challan No.588484, place of remittance, as also the account number to which it was remitted. Though learned counsel submits that the petitioner has successfully completed the course in the year 2010 and has passed in the 4th year examinations conducted by the University, nevertheless, is unable to substantiate the same, except for the self serving statement of the petitioner. Learned counsel points to the statement of marks Annexure-C of the 1st year B.Sc. Nursing (Basic)(RS) Examination, September/October-2006 disclosing 'Pass Class', so also Annexure-C1 in respect of second B.Sc. Nursing of March 2008 disclosing 'Pass Class' and the third year B.Sc. Nursing Marks Card, Annexure-C2 in the month of August 2009 also -4- disclosing 'Pass Class'. Learned counsel is unable to point to any record disclosing the fact of petitioner having appeared for the examination in the 4th year.
3. Learned counsel for respondent No.3 submits that if the petitioner is declared 'pass' in the 4th year examination, then the marks sheet would be forwarded to respondent No.2 - college from where the petitioner ought to obtain the same and if the petitioner has remitted the fees for convocation, the degree certificate would have been handed over in the convocation or alternatively at his request would have been mailed to his address.
4. There is force in the submission of Sri.N.K.Ramesh, learned counsel for respondent No.3 that in the absence of relevant material constituting substantive legal evidence of the fact of the petitioner having appeared for the examinations conducted by respondent No.3 for the 4th year of the Nursing course -5- coupled with the failure to furnish relevant material relating to remittance of fee/charges in the matter of furnishing the degree certificate in the convocation or otherwise, the petitioner is disentitled to any relief. In the event, the petitioner has relevant material to substantiate his claim, he is at liberty to make a proper representation enclosing the said documents to the college as well as the University and seek response and if aggrieved, may question the same in an appropriate legal proceedings.
Petition is accordingly rejected.
Sd/-
JUDGE AHB