IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 29058 of 2010(F) ------------------------- PETITIONER : ------------------ THOMAS REJI PONNURAN, S/O.REJI PONNUR THOMAS, PONNUR HOUSE, ERAVIPERUR P.O., PATHANAMTHITTA, 689 542. BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.P.MURALEEDHARAN SRI.V.R.REKESH RESPONDENT(S): ------------------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM REPRESENTED BY ITS REGISTRAR-686 560. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM-686 560. 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM-686 560. 4. FEDERAL INSTITUTE OF SCIENCE AND TECHNOLOGY (FISAT), HORMIS NAGAR, MOOKKANNOOR, ANGAMALY – 683 577. R1 TO R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29058 of 2010(F) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PROVISIONAL DEGREE CERTIFICATE ON 31.8.2010. EXT.P2 : COPY OF THE TRANSFER CERTIFICATE DATED 31-8-2010. EXT.P2(a) : COPY OF THE CONDUCT CERTIFICATE DATED 31.08.2010. EXT.P3 : COPY OF THE RECEIPTS ISSUED BY M/S. PROLIFIC SYSTEMS & TECHNOLOGIES PVT. LTD., MUMBAI. EXT.P4 : COPY OF THE E-MAIL COMMUNICATION ISSUED BY ONE MS. PADMA ANIL KUMAR ON BEHALF OF SAFE. EXT.P4(a) : COPY OF THE CHEQUE ISSUED ON BEHALF OF THE PETITIONER TO THE SAID PADMA ANIL KUMAR. EXT.P5 : COPY OF THE MARK LIST DATED 26.11.2007. EXT.P6 : COPY OF THE MARK LIST DATED 23.4.2008. EXT.P7 : COPY OF THE MARK LIST 3RD SEMESTER B.TECH. DEGREE EXAMINATION HELD IN DECEMBER 2007 DATED 23.4.2008. EXT.P7(a) : COPY OF THE MARK LIST 3RD SEMESTER B.TECH DEGREE EXAMINATION HELD IN MAY 2008 DATED 4.10.08. EXT.P7(b) : COPY OF THE MARK LIST 3RD SEMESTER B.TECH. DEGREE EXAMINATION HELD IN NOVEMBER 2008 DATED 25.3.2009. EXT.P7(c) : COPY OF THE MARK LIST 3RD SEMESTER B.TECH. DEGREE EXAMINATION HELD IN MAY 2009 DATED 29.8.2009. EXT.P7(d) : COPY OF THE MARK 4TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN MAY 2008 DATED 04.10.2008. EXT.P7(e) : COPY OF THE MARK 4TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN NOVEMBER 2008 DATED 25.3.2009. EXT.P7(f) : COPY OF THE MARK 4TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN NOVEMBER 2009 DATED 19.3.2010. EXT.P7(g) : COPY OF THE MARK 5TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN NOVEMBER 2009 DATED 25.3.2009. ...3/- WP(C).No. 29058 of 2010(F) -3- EXT.P7(h) : COPY OF THE MARK 6TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN NOVEMVER 2009 DATED 29.8.2009. EXT.P7(i) : COPY OF THE MARK 7TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN NOVEMBER 2009 DATED 19.3.2009. EXT.P7(j) : COPY OF THE MARK 8TH SEMESTER B.TECH. DEGREE EXAMINATION HELD IN APRIL 2010 DATED 18.8.2010. EXT.P8 : COPY OF THE REPRESENTATION DATED 13.9.2010. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 29058 of 2010 F ``````````````````````````````````````````````````````` Dated this the 11th day of November, 2010 J U D G M E N T Petitioner was a B.Tech student in the discipline of Electronics and Instrumentation in the fourth respondent College affiliated to the first respondent University. He completed his course in April, 2010 and was thereupon issued Ext.P1 provisional degree certificate, which certified that the petitioner has passed B.Tech degree examination with first class. According to the petitioner, in order to pursue higher studies abroad, he applied for transcript of marks. Then he was orally informed that for Engineering Graphics, a subject of the first year, in the supplementary examination results evidenced by Ext.P6, there was a mistake in the sessional marks awarded to him and, therefore, the University was unable to issue transcript of marks. It is in these circumstances, this writ petition was filed, praying that the University be directed to issue transcript of marks or in the W.P.(C) No.29058/10 : 2 : alternative, to grant him grace marks to make up shortage if any. 2. A statement has been filed on behalf of the University. It is stated that pursuant to the application made by the petitioner for transcript of marks, photocopies of the mark lists of all semesters were verified with the tabulation register and that some discrepancies in the sessional marks on Paper E (Engineering Graphics) as entered in the tabulation register pertaining to the first and second semester examination held in July 2007 and supplementary examination of December, 2007 were observed. In paragraph 5 of the statement, it is stated thus:- “ After regular examination in July 2007, the petitioner had appeared for the failed papers, namely, Papers E & F in subsequent supplementary examinations held in December 2007. After publishing the results, the petitioner was given a mark list with 38 marks for Paper E (Engineering Graphics) in place of 33. On verification it W.P.(C) No.29058/10 : 3 : was found that there was tampering with the entries made in first and second Tabulation Register of July 2007 changing the original figure “33” into “38” and the said changed marks is carried over to Tabulation Register of supplementary examination of December 2007. Mark list was thus issued to the petitioner accordingly as having passed in subject E erroneously.” 3. According to the respondent University, the matter was placed before the Vice Chancellor and that an enquiry has been ordered. It is stated that urgent steps are being taken for completing the enquiry. 4. Evidently therefore, according to the University, in the sessional marks awarded, a mistake has been committed, which is also described as a case of tampering of the documents. Necessarily, the matter needs to be enquired into and if as a matter of fact, the petitioner was not eligible for the sessional marks as shown in Ext.P6, petitioner could not have been declared to have passed the subject. Therefore, until W.P.(C) No.29058/10 : 4 : the enquiry is completed, this Court will not be justified in issuing any order directing the University to issue the mark list to the petitioner. 5. However, the enquiry has to be completed expeditiously and if in the enquiry, the sessional marks as shown in Ext.P6 is found to be wrong, having regard to the long lapse of time, necessarily the University will have conduct an examination for the petitioner in order to enable the petitioner to appear for the subject and complete the course so that his career will not be at peril. Therefore, I dispose of this writ petition directing that the University shall ensure that the enquiry as ordered by the Vice Chancellor into the discrepancy noticed in Exts.P5 and P6 mark lists and the registers shall be completed as expeditiously as possible, at any rate, within three weeks from the date of production of a copy of this judgment. On such enquiry, if it is found that the sessional marks awarded in Exts.P5 and P6 is erroneous for any reason, the University shall ensure that a special W.P.(C) No.29058/10 : 5 : examination for the subject Engineering Graphics is held for the benefit of the petitioner. The examination shall be held with notice to the petitioner, answer sheets shall be valued and results thereof shall be declared, at any rate, within five weeks thereafter. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge