B. Staines v. Registrar, Tamil Nadu Agricultural University, Coimbatore
2023-03-20
M.DHANDAPANI
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to award 3 marks as grace marks to the petitioner for the subject viz., Machine Design and Drawing (Course Code- FMP 215) in the IV Semester Exam to enable him to get the B.Tech (FT) course thereby allowing the petitioner to continue with Trimester III the MBA course in the 3rd respondent Institute without any break.) 1. This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to award 3 marks as grace marks to the petitioner for the subject viz., Machine Design and Drawing (Course Code- FMP 215) in the IV Semester Exam to enable him to get the B.Tech (FT) course thereby allowing the petitioner to continue with Trimester III the MBA course in the 3rd respondent Institute without any break. 2. It is the case of the petitioner that he pursued B.Tech (FT) course in the year 2017 in the 2nd respondent Institute and has completed the same in the year 2022. It is his grievance that though he appeared for IV semester examination in the month of December 2021, his results were published only on 03.11.2022 and subsequently he cleared all the subjects, except one subject viz., Machine Design and Drawing, where, he secured 27 marks and was short by 3 marks. It however came to the knowledge of the petitioner that grace marks were awarded to a batch of students viz., 2015, 2016 and 2017 batch, due to the pandemic situation. It is averred that on a firm belief that his case will also be considered like that of similarly placed in respect of awarding grace marks and as such, on completion of B.Tech., course, the petitioner joined M.B.A. Course on the premise that he will also be awarded the grace marks by the 2nd respondent. Further the 3rd respondent issued orders by granting time till December, 2022 to produce the course completion certificate. the and written the 1st semester. Though the petitioner passed out of the course, however, the certificate was issued only during 2023, which precluded the petitioner from submitting the certificate within the time stipulated by the 3rd respondent. In view of non submission of the requisite documents, he was not permitted to continue with Trimester III M.B.A. Course.
the and written the 1st semester. Though the petitioner passed out of the course, however, the certificate was issued only during 2023, which precluded the petitioner from submitting the certificate within the time stipulated by the 3rd respondent. In view of non submission of the requisite documents, he was not permitted to continue with Trimester III M.B.A. Course. Hence, the petitioner has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India with the aforesaid prayer. 3. Though very many grounds have been raised, learned counsel for the petitioner submits that inspite of steps being taken by the petitioner before the 1st respondent for awarding grace marks on par with similarly placed students, his results were published belatedly. Hence, he prays for issuance of appropriate directions to the 3rd respondent by permit the petitioner to continue his M.B.A. Course (Trimester III). 4. Heard the learned counsel for the petitioner as well as the submissions made by the learned counsel for the respondents 1 and 2. Though the name of the 3rd respondent is printed in the cause list, today, no one has appeared on behalf of them. Considering the pendency and urgency of cases, this writ petition is taken up for hearing today. 5. Learned counsel appearing for the respondents 1 and 2 has no objection for issuance of direction by this Court to the 3rd respondent. 6. A perusal of records reveals that the petitioner has taken steps for getting 3 grace marks on par with similarly placed students and the petitioner has also been awarded the marks. However, the fact remains that the petitioner, due to the aforesaid reason was not able to produce the course completion certificate by the end of December, 2022 and was able to produce it only in 2023. 7. Though notice has been issued on the 3rd respondent however, there is no representation. Considering the fact that for no fault of the petitioner, the petitioner should not be prejudiced and further taking into consideration the fact that the petitioner has completed the course and submitted the course completion certificate, though a bit belatedly, definitely the ends of justice would be met only if a direction is issued to the 3rd respondent to permit the petitioner to continue the 3rd semester and to appear for the Mid-Term and End-Term Examination in the M.B.A. Trimester.
In view of the fact that the 3rd respondent has neither taken steps to appear before this Court and oppose the petition and further the no prejudice would also be caused to the 3rd respondent if an affirmative direction is issued for the continuance of the petitioner in the course and to take up the examination. 8. In such view of the matter, this Court issues a direction to the 3rd respondent to allow the petitioner to continue the 3rd semester and to appear for the Mid-Term and End-Term Examination in the M.B.A. Trimester by accepting the course completion certificate submitted by the petitioner. 9. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.