^n HlGHCOURTpFjUDICA^^^^ SINGLE BENCH : HON'BLE SHRI S.R. NAYAK, CJ PETITIONER RESPONDENT Vikas Nannaware, aged about 22 years, S/o. Shri Narayan Rao Nannaware, Student. Diploma in Mechanical Engineering, Kirodimal Govemment Polytechnic, Raigarh, resident of Nayapara, Kirtinagar, Santoshi Chowk, Bilaspur (Chhattisgarh) Versus 1. State of Chhattisgarh through the Secretary, Department of Technical Education, Government of Chhattisgarh, D.K.S. Building, Mantralaya, Raipur (Chhattisgarh) 2. Rajiv Gandhi Proudyogiki Vishvklyalaya, Bhopal through its Secretary, A/IV, Office Complex. Goutam Nagar, Bhopal (M.P.) 3. Kirodimal Govt. Polytechnic, Raigarh through its Principal, an autonomous Institution, Polytechnic College Building, Raigarh (Chhattisgarh) Present: Mr. V.R. Tvnari, learned counsel for the petitioner. Mr. Vinay Harit, learned G.A., for the State of CG. Mr. Rajiv Shrivastava, learned counsel for respondent No.2. ORALORDER (Passed on 27m February, 2006) The petitioner was admitted in Mechanical Engineering Branch of Kirodimal Govt. Polytechnic College. Raigarh for the academic year 1994-95 in the month of June 1995, in Annual System. The petitioner cleared first year examination in second division in December, 1996. When the matter stood thus, in the year 1998, the Annual System was abolished and in place of it Multi Point Entry and Credft System (for /(^ -Jt short ' the System) was introduced for examination and studies of Pol^echnic courses. Consequently, the admission of the petitioner was merged in the System and the petitjoner appeared in the first examination of the new System in November 1998, second examination in May-June 1999, third examination in February-March 2000, fourth examination in June-July 2000 and the fifth & final examination in December 2000. In the fourth examinatjon conducted in June-July 2000, the petitioner had secured only 29 marks in At-502 'Theory of Machines and Design of Machine Elements' (for short 'TOMDOM') and consequently, he failed in that paper. When the matter stood thus, it was stated at the Bar, that jn order to give an opportunity to the petitioner and similarly drcumstanced other students to appear for the examination including in the paper 'TOMDOM', examinations were conducted in the year 2005 and the petitioner availing of that opportunity appeared and he secured only 21 marks in TOMDOM and consequently he was declared faited. (2) In this writ petition, the petitjoner has sought for a djrection to Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal, the 2nd respondent herein, to issue marks card and certificate as having passed the Diploma In Mechanical Engineering. This relief is sought on ttie ground Uiat the Principal of the 3 rQspondent-College in which the petitioner had studied has issued Provisional Statement of Marks marked as Annexure-P/7 showing the petitioner as having passed in Diploma Course. (3) The writ petition is opposed by the 2nd respondent by fiting a detailed return. In the return, it is specifically steted by the 2nd respondent that the Principal of the 3rd respondent-College has had no authority to issue Provisjonal Statement of Marks showing the petitioner passed granting grace marks. The facts stated in the return or stated before the ^^ ir -3- Court at the time of hearing are not seriously disputed. It is trite that the Principal of the 3rd respondent College has had absolutely no tegal authority to grant grace marks. The subject of awarding grace marks is governed by the regulating framed by the University. Only the University authorities are empowered to grant grace marks. Simply, because, the Principal of the college acted illegally and granted grace marks and declared the petitioner as having passed, that fact iteelf would not create any vested right in the petitioner to seek mandamus to the 2nd respondent to declare him as having passed in Diploma in Mechanical Engineering Examination inconformity with the Provisional Statement of Marks issued by the Principal. No ground is made out to grant the relief sought by the petitioner. The writ petition is, therefore, dismissed. No costs. Sd/- Chief Justice