IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 10985 of 2011(W) -------------------------- PETITIONER(S): PARTY-IN-PERSON ------------------------------ SHAIJU A.E., AGED 36 YEARS, S/O. A.E.CHANDRASEKHARAN, PANOTTU, KARAYAD, MEPPAYYUR, KOZHIKODE-673 524. (PARTY IN PERSON) RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. ADDITIONAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. CONTROLLER OF EXAMINATION, PAREEKSHA BHAVAN, CALICUT UNIVERSITY, THENJIPPALAM-673 635, MALAPPURAM DISTRICT. R1 AND R2 BY GOVERNMENT PLEADER TO. K. ARAVINDAKUMA BABU R3 ADV. MR. P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 10985 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 30th May , 2011 JUDGMENT The petitioner, who is stated as a Police Constable in Kozhikode Rural A.R. Camp, has approached this Court with the grievance that the request made by him before the respondent University to issue a duplicate copy of the Pre-degree certificate of the petitioner was not positively considered by the respondents. It is stated that, though the petitioner was having the original with him, he could not trace it out and that the same has been irrecoverably lost because of some lapses on the part of his father, who is stated as a mental patient. It is in the said circumstances that the petitioner was constrained to approach various authorities, which did not turn to be fruitful, finally leading to the present proceedings. 2. When the matter came up for consideration earlier, the learned standing counsel appearing for the University, on instructions, submitted that, no useful factual particulars have been given by the petitioner so as to trace out the identity of the petitioner with reference to the particular examination undergone by him for issuance of 'duplicate certificate'. Admittedly, the petitioner has not given the Register number but for referring to some years and place of W.P. (C) No. 10985 of 2011 : 2 : examination, which according to the University is not enough to provide a helping hand. However, pursuant to the interim order dated 06.04.2011, the University has taken earnest efforts to solve the situation and accordingly has traced out the particulars, which reveal that the petitioner had appeared for the Pre-degree examination with the Register Number as '63946'. A counter affidavit has been filed before this Court, wherein it is stated in paragraph No. 6 and 7 as follows: 6. It is submitted that in his letter dated 01.04.2011, which was received by the University on 18.04.2011, the year of examination is noted as 1993, which is not correct. But with the help of the details furnished in the writ petition, the University found that appearance for Pre-Degree of the candidate in CKS Perambra in 1992 and his register number is 63946. This details could be gathered by the University with the earnest efforts made in the University office. 7. It is submitted that for issuing a duplicate mark list proper application is to be submitted with a paper notification, affidavit sworn to before the 1st Class Judicial Magistrate, required fee and a request and these are the statutory mandate. It is submitted that if the petitioner makes an application in accordance with the law the University will be issuing duplicate certificate. W.P. (C) No. 10985 of 2011 : 3 : 3. In the above circumstances. the Writ Petition is disposed of, taking note of the statement/submission made from the part of the University as mentioned above, directing the petitioner to file proper application with supporting documents for obtaining the mark list in the manner as specified in paragraph 7 of the counter affidavit. If any application as above is filed by the petitioner within one month from the date of receipt of a copy of this judgment the same shall be dealt with and duplicate mark list shall be issued at the earliest, at any rate, within one month thereafter. P. R. RAMACHANDRA MENON, JUDGE kmd