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2022 DIGILAW 96 (KAR)

Supritha J. , D/o R. Jayaprakash v. State Of Karnataka

2022-01-25

KRISHNA S.DIXIT

body2022
ORDER : Petitioner, an aggrieved student is knocking at the doors of the Constitutional Writ Court seeking a Writ of Mandamus to Respondent No.3 - University to issue marks card of her BSC first semester (CBCS) course and also convocation certificates. 2. After service of notice, the respondent No.1 had entered appearance through Sri. B.V. Krishna, learned AGA; the respondent Nos.2 & 3 being the Vice-Chancellor and the Registrar, respectively of the University have entered appearance through their Senior Panel Counsel, who has filed the Statement of Objections on 13.01.2022 resisting the writ petition. The respondent No.4 - College despite service of notice, has chosen to remain unrepresented and this is not a happy thing to happen. 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: a. A student who diligently prosecutes studies and writes his examination is entitled to collect the marks card and other certificates, subject to all just exceptions into which argued case of the respondents does not fit; it is the statutory duty of the University to issue or cause to be issued to such students, the marks cards, certificates and such other records as well, of course after collecting the requisite fee and after seeking compliance of any condition prescribed by law; this duty having not been discharged despite demand and no justification for non-discharge having been demonstrated, petitioner is more than justified in approaching the Court. b. The vehement contention of learned panel counsel for the University that his client was disabled from complying with the request of the petitioner for issuance of the marks card because of the lapse attributable to the respondent No.4 - College is absolutely untenable to say the least; this College is affiliated to the University and therefore, the University has got supervisory and disciplinary control over such colleges; if the college authorities do not accomplish the duty resting on their shoulders, the University can take all action including rescinding of affiliation if need be; therefore, the University cannot justifiably plead helplessness in matters of this kind. In the above circumstances, this writ petition succeeds; a Writ of Mandamus issues to respondent No.3 to issue or cause to be issued to the petitioner, the BSC first semester marks card and Provisional Degree Certificate within two weeks, failing which the respondent No.3 - Registrar of the University shall personally pay to the petitioner a sum of Rs.5,000 per day of the delay brooked. A direction also issues to the respondent No.3 that if the petitioner applies for the Convocation Certificate, the same shall be issued after collecting requisite information & fees, when such certificates are ordinarily issued to rest of the students, in usual course. Now no cost.