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1996 DIGILAW 228 (KAR)

VENKATRAGHAVAN v. B. L. D. E. ASSOCIATIONS, VACHANA PITAMAHA, DR. P. G. HALAEATTI COLLEGE OF ENGINEERING AND TECHNOLOGY, BIJAPUR

1996-04-09

M.F.SALDANHA

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( 1 ) I have heard the petitioner's learned Advocate and the learned Advocate who represents the University. ( 2 ) IN this case, the petitioner's results in respect of the third semester examination which he had repeated in July 1995 have been withheld and the petitioner's contention is that there is no ground on which this could have been done because there is no malpractice enquiry or any other impediment. In the reply, the university has contended that the petitioner enquired as to why his results have been withheld where upon he was asked to produce the fee receipt in respect of the examination fees. It is contended that the petitioner has not produced the receipt up to the present point of time. Petitioner's learned Advocate points out that the student paid the fees to the college and the college transmits the fees along with the application form to the university. He states that the Principal has clarified to the university that the needful has been done. Apart from this, the point made by the learned Advocate is that if the petitioner had not tendered the examination fees, that it was impossible for him to have been permitted to appear for the University examinations. This position is absolutely correct and to my mind, there is no justification whatsoever for the results having been withheld. The student had to suffer as a result of this negligence on the part of the University and to my mind therefore, this Court will be left with no option except to a ward exemplary costs against the University. ( 3 ) THE learned Advocate who represents the University submits that since the respondents are the University, that this court ought not make any order for payment of costs and he reiterates that the student is in the wrong and that the university was justified in its action. The real point is that the ground pleaded for withholding of the results is untenable and this has resulted in serious damage to the petitioner who is a student in so far as the non-declaration of results disentitles him from deciding what precisely his future course of action should be. ( 4 ) UNDER these circumstances, it is directed that the respondents shall within 3 weeks from today declare the petitioner's results in respect of third semester examination. The respondents shall also pay costs quantified at Rs. ( 4 ) UNDER these circumstances, it is directed that the respondents shall within 3 weeks from today declare the petitioner's results in respect of third semester examination. The respondents shall also pay costs quantified at Rs. 2,500/- to the petitioner in this case. These exemplary costs have been awarded in view of the fact that this Court has held conclusively that the action on the part of the respondents was thoroughly unjustified. ( 5 ) THE petition accordingly succeeds and stands disposed of Rule absolute to this extent only. --- *** --- .