T H SRINIVASA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) The Petitioner has presented this Petition inter alia praying for the issue of a Writ of Mandamus directing the respondent to issue the B.Sc. degree certificate to the Petitioner.

(2.) The Petition has come up for preliminary hearing after notice to the respondent. By consent of both the Learned Counsel, it is taken up for final hearing.

(3.) The facts of the case in brief are as follows : The petitioner appeared for the I year B.Sc. degree examination of the Bangalore University in April, 1977 with Register No. 158. According to the marks card dated 20th May, 1977 (Annexure-A) the Petitioner has passed in all the subjects except Kannada and Physics Theory, in which he had secured 32 and 29 marks respectively as against the minimum of 35 marks required for a pass. He appeared for the two failed subjects in October, 1977 examination with Register No. 1714. According to the marks card dated 5th March, 1978 (Annexure-B) he passed in both the subjects having secured 43 and 45 marks respectively. The petitioner appeared for the 11 year B.Sc. examination held in April, 1978 with Register No. 034381. According to the marks card dated 28-2-1979 (Annexure-C) he failed in the subject of English having secured only 28 marks. He appeared for the said subject once again in October 1978 examination with Register No. 034381. According to the marks card dated 15th January, 1979 (Annexure-D) he passed the examination. Thereafter the petitioner appeared for the final year degree examination in April 1979 with Register No. 42882. According to the marks card dated 14th June, 1979 (Annexure-E) he passed in all the subjects except in Chemistry as he secured only 27 marks. He appeared for the said subject in October 1979 examination with Register No. 38741. According to the marks card (Annexure-F) the petitioner passed the said subject and in the remarks column it was entered as "COMPLETES". The petitioner thereafter joined the B.Ed, degree course (a post-graduate Course) and appeared for the B.Ed, degree examination of the Bangalore University held in June 1984. According to the statement of marks dated 4th September, 1984 (Annexure-G) he passed the B.Ed., degree examination in second class. Thereafter, the petitioner was appointed as teacher at Siddahartha Residential High School, Gandhinagar, Kolar. For the purpose of approval of his appoint merit, he was required to produce the degree certificates. When he sought for the B.Sc. degree certificate from the Bangalore University an endorsement dated 19th December 1984 has been issued, which is marked as Annexure-H in the Writ Petion, relevant portion of it reads :