P MANJUNATH Vs. SECRETARY BOARD OF TECHNICAL EXAMINATION

JUDGEMENT

(1.) THE instant two writ petitions are filed by common petitioner, Sri P. Manjunath. Writ Petition no. 203/2006 is filed by him, questioning the legality and validity of the Government order dated 6th November 1997 bearing No. ED/858/tpe/97, Bangalore, only so far as petitioner herein is concerned vide Annexure H. Further in the said writ petition, he has sought to declare that, the Government Order dated 6th November 1997 cannot be made applicable to the petitioner's case and for a direction, directing the respondents 1 and 2 to issue the III year diploma course Marks card to the petitioner. In Writ Petition No. 19542/2005, the same petitioner has assailed the correctness of the communication dated 18th August 2004 issued by first respondent to second respondent at annexure D and also the communication dated 2nd August 2005 issued by second respondent vide Annexure G to petitioner and to declare that, the petitioner has withdrawn only one subject, i. e. , item No. 4, i. e. , Data Base Management System only and not all the subjects of the third year Diploma course.

(2.) PETITIONER herein is a student who joined the Diploma in Computer Science in the second respondent-College. The duration of the said Diploma course is three years and he has completed the first and second year Diploma course in the respective academic years and thereafter, he has appeared for the Annual Examination of the third year Diploma course with register No. 031015-0 and passed in all subjects except one, i. e. the subject at item No. 5, i. e. Transmission control Protocol; Internal Protocol (TCP:ip ). Thereafter, petitioner has taken up the said failed subject, i. e. , Transmission Control Protocol; Internal Protocol (TCP:ip) along with another subject in which he has secured less marks, i. e. the subject at item No. 4, i. e. Data Base management System (DBMS) bearing Register No. 046417-0 and paid the necessary examination fees in respect of both the subjects. The said examination fees paid by petitioner has been forwarded by the second respondent-College to the first respondent-Board. The first respondent-Board, after accepting the examination fees in respect of the said two subjects, has permitted the petitioner to appear for the Supplementary Examination conducted by first respondent-Board in respect of improvement of one subject i. e. Data Base Management System and another failed subject i. e. Transmission Control Protocol: Internal Protocol (TCP:ip) held in the month of November 2004 and result has also been declared as having passed in both subjects. Be that as it may.

(3.) THEREAFTER, petitioner has approached the second respondent-College to collect the marks card. At that stage, petitioner came to know through second respondent that, the marks card has not been released by first respondent-Board so far. Therefore, he felt necessitated to present the W. P. No. 19542/2005. When the said writ petition was taken up for consideration, the first respondent-Board filed the objections, assigning reasons for not releasing/issuing the marks card to the petitioner stating that, as per the Government Order dated 6th November 1997, which is impugned in the first writ petition, if the petitioner wants to take the benefit of the said government Order, he must withdraw the results declared in respect of all the subjects of the earlier examination and appear for all the subjects and he cannot pick and choose the subject and take the examination in respect of one or few subjects in which he has scored less marks. When the said statement was made in the objects, petitioner has realised the mistake and thereafter was constrained to file Writ Petition No. 203/2006 assailing the correctness or otherwise of the government order dated 6th November 1997 issued by first respondent referred above. Having regard to the facts and circumstances of the case, as stated above, being aggrieved by the impugned Government Order and for others directions, as referred above, the common petitioner has presented the present two writ petitions.