NARASIMHADUTTA KUMAR M N Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) Petitioner was a student of M.E.S. College and joined the degree course leading to a degree in Bachelor of Science during the year 1982-83. He appeared for the examination during April 1986 with Registration No. 8317712 and completed first year in pass class. Thereafter as evidenced by Annexura-A1, he appeared with the same register number for second year B Sc., degree examination in October 1984 and completed the examination. As evidenced by Annexure A2, with the same register number he appeared for the 3rd year B.Sc., examination in the optional subjects and passed. His marks were declared : in Chemistry 72, Botany 63 and Zoology 79. At the examination held in October 1986, obtaining 62 per cent in Botany he failed therefore he appeared again in April 1986 for the same subject. In that as evidenced by Annexure-A3 he was given 70 marks for Botany and he was declared to have completed the course, as evidenced by Annexure-4 to the petition dated 23-7-1986. Provisional certificate also was issued stating that he had passed in pass class with his optional subjects as Chemistry, Botany and Zoology.

(2.) However, on 2nd September 1986, he was issued with final marks card which showed that he had obtained only 66 marks in Botany and therefore he had failed. Agg ieved by the same, the petitioner has approached this Court inter alia contending that having been declared once to have passed as per the provisional certificate issued it is not open to fie respondent University to issue the impugned marks list at Annexure-C declaring him to have failed in Botany with only 66 marks.

(3.) The Court, to know whether the provisional certificate was correct or the revised marks list was correct, called for the original Marks register and the same was brought on the last date of hearing on 10-3-1988. On a perusal of the marks register maintained by the University it is seen that at the examination held in April 1986, petitioner secured 21 marks in theory and 14 plus 2 in practical in paper III relating to Botany in paper IV he secured 10 marks in theory and 15 plus 4 in practical that adds up 66 that has been circled and the letter 'F' is written indicating that he has failed. But somebody has added in green ink "plus 4" and then equalled it at 70. There is an endorsement to the effect; "wrong gracing". The original writing "fails in Botany" is also to be found. Then there is the word "completes" in red ink which has later been scored of. Revised marks card sent on 1-9-1986 is also endorsed.