Madras High Court
Mridhul Bhaskhar vs The Controller Of Examination on 4 September, 2015
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.09.2015 CORAM THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.5018 of 2014 Mridhul Bhaskhar ... Petitioner -Vs- 1.The Controller of Examination, Pondicherry University, Puducherry. 2.The Principal, Rajiv Gandhi College of Engineering and Technology, Puducherry. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st respondent to publish the petitioner's (Registration Number 23347101) results for the subject code D4030, D4040, D4050, D4060, E4040, E4640, G5040 and G5080 written examination held November 2012. For Petitioner : Mr.D.Senthil Kumar For Respondents : Mr.V.Balamurugane (R1) No appearance - R2 O R D E R
The petitioner is a student of the respondent no.2 College, who did his B.Tech during 2002-2006. The petitioner wrote the examination for eight subjects in the year 2012. As the results of the examinations written by the petitioner have not been published, the present Writ Petition has been filed.
2.The learned counsel for the respondent no.1 submitted that at the relevant point of time when the petitioner wrote the examination, the regulation did not permit writing of such examination, after a period of seven years. However, he submitted that a decision was taken in the year 2013-14 to remove such restriction. The learned counsel further submitted that it is the respondent no.1, who permitted the petitioner to write the examination. On fact, a further submission has been made that the papers relating to Sl.No.7 G 5040 Elective Computer Communication & Networks Theory and Sl.No.8 G 5080 Elective Spread Spectrum Communication Theory are not available and the valuation sheets of the concerned papers do not indicate the marks.
3.Admittedly, the petitioner has written the examination. The fact that the regulation, which was imposed earlier fixing an outer limit for writing the examination, was removed subsequently, which is not in dispute. Thus, even today, the petitioner can write the examination without any restriction. Having allowed the petitioner to write the examination, the objection now raised by the learned counsel for the respondent no.1 cannot be accepted by this Court. However, the communication given to the learned counsel for the respondent no.1 dated 02.09.2015 states as follows:
With reference to the letter cited, the following Answer scripts of Mr. Mridhul Bhaskhar, Reg. No.23347101, November 2012 session are available in the Examination Wing.
1.D 4030 Signals & Systems Theory (T43 (4)
2.D 4040 Networks & Transmission Lines Theory (T44 (4)
3.D 4050 Digital Electronics Theory (T45 (4)
4.D 4060 Analog Communication Systems Theory (T46 (4)
5.E 4040 Microprocessor & Microcontrollers Theory (T54 (4)
6.E 4640 Transducers and Instrumentation Theory (E5 N(4) The following two answer scripts mentioned below have already been valued and the valued scripts were not processed as he was not an eligible candidate to appear for the Nov' 12 Examination.
7.G 5040 Elective Computer Communication & Networks Theory
8.G 5080 Elective Spread Spectrum Communication Theory The above mentioned answer scripts cited at Serial no.7 and 8 are not available except for marks valuation sheet of the Examinations.
4.It appears that out of the eight subjects, papers of 6 subjects are only available. For the remaining two subjects, the papers are not available and the marks are also not entered in the valuation sheet, unfortunately. Therefore, the respondent no.1 is directed to evaluate and publish the results of the six subjects for which papers are available, as indicated in the letter dated 02.09.2015. Insofar as Serial Nos.7 & 8 mentioned thereunder, the petitioner is permitted to write the examination afresh. The publication of the results will have to be made within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this order is passed based on the peculiar facts of the case and cannot be quoted as precedent in other cases.
5.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.
Index : Yes/No 04.09.2015
Internet : Yes/No
va
To
1.The Controller of Examination,
Pondicherry University, Puducherry.
2.The Principal,
Rajiv Gandhi College of Engineering and Technology,
Puducherry.
M.M.SUNDRESH, J.
va
W.P.No.5018 of 2014
04.09.2015