I P RAVEENDRA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) This Writ Petition is disposed of at the stage of preliminary hearing after notices to the respondents and after giving opportunity to the Bangalore University to file its statement of objections which has been filed.

(2.) This is the second round litigation by the petitioner. He approached this Court with Writ Petition No. 17297 of 1984 seeking a mandamus from this Court directing respondent-Bangalore University to grant him a B.E. Degree Certificate in Bachelor of Engineering (Mechanical) as he had passed the required examination only in the 4th year of the course in the University and the results of which had accordingly been announced. It is seen from the facts noticed by this Court in the aforementioned Writ Petition that he was compelled to approach the Court in view of the University rectifying an error said to have been committed by it in the academic year 1977-78 by wrongly declaring him to have passed in a subject in which he had not actually passed. What is not disputed is, the petitioner had appeared in the subsequent semester examinations and passed the course at which point of time they wanted to effect the rectification of the earlier error committed by it. This Court without examining the merits of the contentions of the petitioner disposed of the matter on the short question that the rectification of the so-called error having been done without notice to the petitioner was vitiated and therefore the University may do so only after due notice to the petitioner. On that view of the matter, a direction was issued to the University to issue the Bachelor Degree of Engineering Examination (Mechanical) Certificate to the petitioner unless the University after due notice withdraws its result and communicates an order recording reasons for doing so. Thereafter, a show cause notice was issued on 25-1-1985 i.e. nearly seven years after the semester examination that was held in the year 1978. In the show cause notice, the following facts were set out:-

(3.) The petitioner sent his explanation by a letter dt. 1st Feb. 1985. He pointed out that he appeared for 4th Semester examination in January, 1980 and in that examination he had completed two subjects and in January 1981 he had completed the remaining subjects and completed the 4th Semester in 2nd class; in 1983 he completed the entire course and after passing the remaining semester examinations; in October 1984 he made an application for issue of a Degree Certificate. In that circumstance having failed to obtain any response from the University, he approached this Court with the Writ Petition to which I have already made a reference.