SHALINI VAZ, D/O FELIC VAZ. Vs. RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (KARNATAKA), JAYANAGAR 4TH- T BLOCK. BANGALORE-41, REP. BY ITS REGISTRAR, RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES (KARNATAKA), JAYANAGAR 4TH T BLOCK. BANGALORE-41, REP

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking the following reliefs: a) Issue a writ of mandamus or such other order or direction, directing the respondent No. 3 to produce Original Attendance Register for the years 2006 -07, 2007 -08, 2008 -09 and 2009 -10 in relation to the petitioner before this Hon'ble Court; b) Direct the 3rd respondent college authorities to certify the Theses submitted by the petitioner without putting any other modifications and fresh demands; c) Direct the first and second respondents to take suitable action against the 3rd respondent College in accordance with law for having harassed the petitioner without certifying the Theses submitted by her and sending the complete attendance to the University, enabling her to attend the examination. d) Direct the 3rd respondent college authorities to pay a sum of Rs. 5 lakhs as compensation for having played with the petitioner by harassing her without certifying the Theses by putforthing unreasonable conditions and for having treated the petitioner inhumanly. e) Pass any appropriate orders as this Hon'ble Court deems fit and proper to grant under the circumstances of the case in the interest of justice and equity.

(2.) THIS writ petition was listed on 29.04.2010 After going through the records, particularly the order passed in W.P. No. 1764/2010 disposed of on 31.03.2010, the Court felt that the college authorities have to be directed to secure the original attendance register for the perusal of the Court. The matter was. adjourned to be listed again for the said purpose. It transpires that the original attendance register has not been produced before the Court. Counsel appearing for the respondent -College submits that as the original was stolen, the respondent has made available the xerox copy of the attendance register along with the memo dated 27.06.2010.

(3.) IN fact, petitioner had approached this Court on an earlier occasion in W.P. No. 1764/2010. The said writ petition came to be disposed of on 31.03.2010 holding that as the petitioner had contended that respondent No. 1 -College had forged the attendance register thereby showing shortage of attendance of the petitioner. The disputed facts could not be gone into by this Court in exercise of the writ jurisdiction under Article 226 of the Constitution of India and therefore, the controversy raised with regard to the attendance of the petitioner was required to be settled elsewhere. Petitioner was given liberty to work out her remedy in accordance with law before the appropriate forum.