No issuance of Result unless one submits the Original marks card, transfer certificate and degree certificate: Karnataka High Court

 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH 2021 THE HON BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.6055 OF 2021MS. SRIRAMA JYOTHIKA D O SRIRAMA SRIDAR AGED ABOUT 22 YEARS R O NO.46 3 1ST CROSS MARAPPA GARDEN J.C.NAGAR BENSON TOWN POST BENGALURU 560046. BY SRI ABHISHEK MALIPATIL ADVOCATE) 1 . KARNATAKA STATE LAW UNIVERSITY SUTAGATTI ROAD NAVANAGARA HUBBALLI DHARWAD 580025. BY ITS REGISTRAR. 2 . BISHOP COTTON WOMENS CHRISTIAN LAW COLLEGE NO.10 3RD CROSS C.S.I COMPOUND MISSION ROAD BENGALURU 560027. REPRESENTED BY ITS DEAN PRINCIPAL. 3 . G.E.M.S.B.SCHOOL GREAT EASTERN MANAGEMENT SCHOOL) UNDER THE MYSORE MAHARAJA INSTITUTE OF HIGHER EDUCATION ROYAL COTTAGE 2 THE BANGALORE PALACE VASANTHNAGAR BENGALURU 560052. REPRESENTED BY ITS DEAN PRINCIPAL 4 . BHARATHIAR UNIVERSITY COIMBATORE NORTH COIMBATORE TAMIL NADU 641046. REPRESNTED BY ITS REGISTRAR. BY SRI GANAPATHI BHAT ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R 1 TO APPROVE THE ADMISSION OF THE PETITIONER TO THE 3 YEARS LLB COURSE ADMITTED TO THE ACADEMIC YEAR 2020 21 BY THE R2 INSTITUTION AND TO PROSECUTE THE 3 YEARS LLB COURSE OF STUDY WITHOUT INTERRUPTION AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING: R. DEVDAS J. in the 2nd respondent Institution for the academic year 2020 21. The petitioner is to write the 1st semester examination which would commence from 26.03.2021. However Hall Ticket has not been issued to the petitioner on the ground that she has not furnished the original Marks card Degree certificate and Transfer Certificate. The petitioner after completing the 12th standard 3 examination from the Board of Intermediate Examination of Andhra Pradesh in the month of May 2017 joined Bachelor of Business Administration course in the 3rd respondent Institution which is affiliated to the 4th respondent University. 2. Learned Counsel for the petitioner draws the attention of this Court to Annexure D which is a copy of the Marks card which shows that the petitioner has successfully completed the BBA course. However the original Marks cards Degree certificate and Transfer Certificate have not yet reached the hands of the petitioner probably because of the intervening COVID 19 pandemic and there has been delay on the part of the universities in holding the examinations declaring results and for such other reasons. Therefore the Learned Counsel for the petitioner submits that in the interest of the petitioner she may be permitted to write the 1st semester examination. 3. On hearing the learned Counsels for the petitioner and 1st respondent University this Court is of the opinion that the interest of justice could be met if the petitioner is permitted to write the examination and thereafter submit the original Marks card Degree certificate and Transfer Certificate as and when she receives the same. 4 4. Consequently the writ petition stands disposed of with a direction to the 1st respondent University to permit the petitioner to write the 1st semester examination of Three Year LL.B course subject to the condition that the result shall not be announced unless the petitioner submits that the original Marks card Degree Certificate and Transfer Certificate. It is ordered accordingly. Sd 

Summary: You may be allowed to write the examination but the result will be upheld unless you furnish the original marks card, transfer certificate, and degree certificate. This exceptional judgment was passed by the Hon’ble High court of Karnataka in the matter of M/S Srirama Jyothika v. Karnataka state law university and others, [writ petition 6055 of 2021] headed by Justice R. Devdas. In the present case, the petitioner was admitted to a Three-year law course (LLB). The petitioner was exempted to write her examination and the hall ticket was not provided to her on the fact that she did not furnish the original marks card, transfer certificate, and degree certificate of her previous college from where she recently passed. The petitioner after completing her 12th in the year 2017, took admission in BBA, to the respondent 3rd college which was affiliated to respondent 4th university. The petitioner duly submitted her result Annexure- D which showed her successful completion of the BBA course. Due to the unavoidable Covid 19 pandemic, the petitioner did not receive the original mark sheet and other documents. Also, there was a delay on the part of the University to conduct and later publish the result. Hence, the petitioner pleaded before the court to let her write her first-semester examination. The court opined that “the interest of justice could be met if the petitioner is allowed to write the examination and thereafter write the original marks card, Degree Certificate, and Transfer certificate as and when she receives the same.”