IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 36117 of 2008(Y) -------------------------- PETITIONER: -------------- BABU M.RAPHAEL, S/O. MAROKKI RAPHAEL, MARATHAKKARA VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, REP. BY FATHER SRI. MAROKKI RAPHAEL, THE POWER OF ATTORNEY HOLDER. BY ADV. SRI.K.PADMANABHAN SRI.A.D.RAVINDRA PRASAD RESPONDENTS: ---------------- 1. THE REGISTRAR, CALICUT UNIVERSITY, UNIVERSTIY CAMPUS, THENJIPALAM P.O., MALAPPURAM DIST. 2. THE CONTROLLER OF EXAMINATION, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT, PIN 673 635. R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 36117/08 APPENDIX PETITIONER'S EXHIBTS: EXT.P1 : TRUE COPY OF THE MEMORANDUM OF MARKLIST NO.4076-EC/XI.1.2002 DATED 30.7.02. EXT.P2 : TRUE COPY OF THE MEMORANDUM OF MARKLIST NO. 11305-EC/XI.1.2003 DATED 17.2.03. EXT.P3 : TRUE COPY OF THE MEMORANDUM OF MARKLIST NO.1290-EC/XIV/4 DATED 15.7.03. EXT.P4 : TRUE COPY OF THE PROVISIONAL CERTIFICATE NO.2724 DATED 3.10.03 ISSUED BY THE 2ND RESPONDENT. EXT.P5 : TRUE COPY OF THE CHALAN RECEIPT NO.443453 DATED 17.6.08 ISSUED BY THE UNIVERSITY. EXT.P6 : TRUE COPY OF THE LAWYER NOTICE DATED 10.11.08. EXT.P7 : TRUE COPY OF THE MEMO NO.EC.16/08/GC DATED 15.11.08. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 36117 OF 2008 ------------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT The petitioner passed B.Com degree examination of the Calicut University. He applied for the B.Com degree certificate but, he was only issued Et.P4 provisional certificate. According to the petitioner, he has done everything the University has directed him to do, despite which the degree certificate is not being issued. Petitioner therefore seeks the following relief: “i. to direct the respondents to issue the original B.Com Degree Certificate to the petitioner forthwith in furtherance to the remittance of the amount as per Ext.P5 receipt by issuing a writ of mandamus or any other writ order or direction.” 2. A counter affidavit has been filed by the University in which it is stated that it is because of the fault of the petitioner himself that the degree certificate could not be issued. They would submit that originally the petitioner submitted the application paying only the fee for issue of certificate in due course as per priority. For issue of degree certificate on priority basis, additional fee have to be paid which the petitioner did not pay in the first instance. Petitioner had WPC : 36117/08 -:2:- subsequently paid the additional fee. But, on verification of the marks stated by the petitioner in the application the same differed with those in the Tabulation Register of the university. It is under the above circumstances Ext.P7 memo was issued to the petitioner. According to the University, there is no delay on the part of the University in the matter and delay is attributable to the petitioner himself. On a query from the Court the counsel for the University submitted that if the petitioner approaches the University with the mark list received by him, the degree certificate can be issued. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall produce the mark list of his degree examination before the 2nd respondent within two weeks from today. On receipt of the same, the respondents shall issue the degree certificate within two weeks there from. S. SIRI JAGAN, JUDGE ttb WPC : 36117/08 -:3:-