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2021 DIGILAW 573 (JHR)

Radhika Kumari v. Union of India

2021-08-03

RAJESH SHANKAR

body2021
ORDER : 1. The present writ petition is taken up today through Video conferencing. 2. The petitioners, who have recently passed out from the Central University of Jharkhand (CUJ), Jharkhand, Ranchi, have filed the present writ petition for following reliefs: (i) For issuance of an appropriate writs/orders/directions or a writ in nature of mandamus commanding upon the respondents to issue/grant fresh consolidated grade transcript to the petitioners mentioning therein specifically that five years integrated M.Tech in Water Engineering and Management course is merger of two courses i.e. B.Tech in Civil Engineering and M.Tech in Water Engineering and Management as has been mentioned in the consolidated grade transcript of the students of prior batch. (ii) For issuance of an appropriate writs/orders/directions or a writ in nature of mandamus commanding upon the respondent University to issue/grant fresh provisional certificate specifically mentioning therein that five years integrated M.Tech in Water Engineering and Management course is merger of two courses i.e. B.Tech in Civil Engineering and M.Tech in Water Engineering and Management. (iii) For issuance of an appropriate writs/orders/directions or a writ in nature of mandamus commanding upon the respondent University to consider for mentioning the fact that the five years integrated M.Tech in Water Engineering and Management course is merger of two courses i.e. B.Tech in Civil Engineering and M.Tech in Water Engineering and Management in the original certificate at the time of issuance of the same. (iv) For issuance of an appropriate writs/orders/directions or a writ in nature of mandamus commanding upon the respondent University to issue a bona-fide certificate for each and every petitioners mentioning therein specifically that the petitioners were bona-fide student of Central University of Jharkhand, Ranchi with their respective Registration Number for the course of five years integrated M.Tech in Water Engineering and Management course taking into consideration the fact that the students, prior to 2015-20 batch had been issued/given the bona-fide certificate at their request to this extent and further due to non-grant of the said certificate to the petitioners, they are not in a position to participate in various examination which requires the degree of B.Tech in Civil Engineering which is causing prejudice to the petitioners despite the fact that the petitioners have completed M.Tech in Water Engineering and Management course which is merger of two courses i.e. B.Tech in Civil Engineering and M.Tech in Water Engineering and Management. (v) For any other consequential relief or reliefs to which the petitioners are duly entitled in the eyes of law considering the facts and circumstances of the case. 3. A counter affidavit has been filed on behalf of the respondent nos. 3 to 5 stating inter-alia in paragraph-4 of the same that during the pendency of the writ petition, the competent authorities of Central University of Jharkhand (CUJ) took a decision in the meeting dated 25.06.2021 that so far as prayer nos. 1(i) and 1(iv) made in the present writ petition are concerned, they agree to the same as per the practice being followed in the University. As a result, these two reliefs may be granted in favour of the petitioners and the answering respondents have no objection to the same. 4. So far as remaining prayers are concerned, Mr. Rajendra Krishna, the learned counsel for the petitioners, submits that since the University has agreed to consider the prayer nos. 1(i) and 1(iv) of the writ petition, he is not pressing the other prayers. The learned counsel for the petitioners while referring to the consolidated grade transcript of a student of previous batch issued by the University (Annexure-4 to the writ petition), submits that first page of the said transcript mentions the courses as “Five Years Integrated M.Tech in Water Engineering and Management” however, it has been certified in the last page of the said transcript that “5 Years Integrated M.Tech in Water Engineering and Management is a merger to two courses i.e. B.Tech in Civil Engineering and M.Tech in Water Engineering & Management”. Since the said certification is being made in the last page of the transcript, the same causes difficulty to the students while making online applications seeking job in different organisations. If the University makes the said certification in the first page of the transcript, the nature of the courses would be conspicuous. 5. This Court is of the view that since the respondent nos. 3 to 5 have acceded to the petitioners’ prayer made in 1(i) and 1(iv) of the writ petition, there should not be any difficulty in making the aforesaid certification in the first page of the consolidated grade transcripts to be issued to the petitioners. 6. Ordered accordingly. 7. The writ petition is thus disposed of.