IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 26966 of 2008(I) ------------------------------------- PETITIONER(S): ---------------------- ACHUTHAN VATAKKAYIL, ANUSHREE,VATAYAM P.O., KAKKATTIL, VADAKARA, KOZHIKODE DISTRICT, PIN:673 518. BY ADV. MR.R.PARTHASARATHY RESPONDENT(S): ------------------------ 1. THE REGISTRAR, HIGHER STUDIES AND RESEARCH INSTITUTE, DAKSHINA BHARAT HINDI PRACHAR SABHA, T.NAGAR, CHENNAI. 2. THE DIRECTOR, DAKSHINA BHARAT HINDI PRACHAR SABHA, T.NAGAR, CHENNAI. 3. THE SECRETARY, DAKSHINA BHARAT HINDI PRACHAR SABHA, T.NAGAR, CHENNAI. R1 TO R3 BY MR.P.JACOB VARGHESE, SENIOR ADVOCATE, ADV. VIVEK VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26966/2008-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE HALL TICKET FOR THE EXAMINATION CONDUCTED IN MAY 2007. EXT.P2: COPY OF THE HALL TICKET FOR THE II YEAR EXAMINATION HLED IN MAY 2008. EXT.P3: COPY OF THE REPRESENTATION TO THE 1ST RESPONDENT DATED 08/07/2008. EXT.P4: COPY OF THE CERTIFICATE DATED 25/10/1989 ISSUED BY THE SABHA. EXT.P5: COPY OF THE RECEIPT ISSUED BY THE PROFESSIONAL COURIER ON 07/06/2007. EXT.P6: COPY OF THE COMPUTER COPY OF THE DELIVERY STATUS ISSUED BY THE PROFESSIONAL COURIER. EXT.P7: COPY OF THE LETTER ISSUED BY PROFESSIONAL COURIERS DATED 21/10/2008. EXT.P8: COPY OF THE MARK LIST FOR THE II YEAR EXAMINATION. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE LETTER DATED 02/07/2007 TO THE PETITIONER. EXT.R1(B): COPY OF THE TRANSLATION OF EXHIBIT R1. EXT.R1(C): COPY OF THE REPLY DATED 14/07/2008. EXT.R1(D): COPY OF THE TRANSLATION OF EXHIBIT R2. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26966 OF 2008 -------------------------- Dated this the 4th day of January, 2010 J U D G M E N T Heard the learned counsel appearing on both sides. 2. The petitioner underwent the M.A. degree course in Hindi under the distance education programme conducted by the Dakshin Bharat Hindi Prachar Sabha, Chennai. He appeared for the first year M.A. degree examination in Hindi in May 2007 and the second year in May 2008. This writ petition was filed aggrieved by the delay in the publication of the results of the said examinations. 3. Shortly after this writ petition was filed, the result of the second year examination was published and the petitioner was declared to have passed the said examination. The result of the first year examination was however not published. The first respondent has filed a counter affidavit contending inter alia that result of the first year examination was not published since the petitioner did not submit the assignment which was sent to him by post. The petitioner has filed a reply affidavit stating that though a letter in that regard was sent to him, the question paper was not enclosed, the answer booklet alone was enclosed and that he had borrowed the W.P.(C) No. 26966/08 2 question paper from another candidate and submitted the assignment. The first respondent deny having received the assignment from the petitioner. 4. It is now conceded at the Bar that the syllabus for the course had undergone a change. However the learned Senior Advocate appearing for the respondent very fairly submitted that as the only reason for not publishing the result of the first year M.A. degree examination in Hindi for which the petitioner had appeared in May 2007 is that the petitioner has not submitted the assignment, the respondent will provide another opportunity to the petitioner to submit the assignment. The learned counsel appearing for the petitioner is agreeable to the said course of action. In such circumstances, I dispose of the writ petition with the following directions: (i) The Director, Distance Education Directorate, Dakshin Bharat Hindi Prachar Sabha, Chennai, shall sent to the petitioner the question paper and the answer booklet relating to the assignment to be submitted for the first year M.A. degree examination in Hindi based on the syllabus that was in force during the relevant year. The question paper and the answer booklet shall be sent by registered W.P.(C) No. 26966/08 3 post to the petitioner' address as furnished in this writ petition. This shall be done within two weeks from the date of receipt of a certified copy of this judgment from the petitioner. (ii) The petitioner shall submit the assignment within 15 days from the date of receipt of the question paper and the answer booklet and shall sent it to the Director, Dakshin Bharat Hindi Prachar Sabha, Chennai, by registered post in such manner that it is received by him on or before 15.2.2010. (iii) The respondent shall thereupon evaluate the assignment and publish the result of the first year M.A. degree examination in Hindi for which the petitioner appeared in May 2007 expeditiously and in any event within 15 days from the date of receipt of the papers from the petitioner. In the event of the petitioner passing the first year examination the respondent shall besides issuing the mark list also issue a degree certificate to him on payment of the requisite fee. P.N.RAVINDRAN, JUDGE vps