S. SURESH, LECTURER Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The petitioner underwent the two year M.Sc. degree course in Biochemistry from the School of Medical Education run by Mahatma Gandhi University during the year 1991-93. He appeared for the MSc degree Previous Examination held by Mahatma Gandhi University in July, 1993 and secured 367 marks out of 700 in Papers I to IV. He appeared for the MSc degree Final Examination held in July 1994 and secured 482 marks out of 800 in paper V to VIII. Thereupon Ext. P1 consolidated mark list dated 20.10.1994 was issued. Later, Ext. P2 provisional certificate was issued certifying that the petitioner has passed the MSc degree examination in the second class. Later the original of Ext. P3 degree certificate was issued certifying that the petitioner has passed MSc degree examination in Biochemistry in the IInd class in the examinations held in July 1993 and July 1994. The petitioner was appointed as Lecturer in the School of Medical Education run by the Mahatma Gandhi University in the year 1996. Long thereafter, with a view to emigrate to Canada, he applied for a copy of the mark list of the MSc degree Previous Examination held in July 1993 by submitting an application dated 25.8.2009. A doubt was then expressed that the petitioner has not passed two out of the four papers for which he had appeared in the MSc degree Previous Examination held in July 1993. The matter was placed before the Vice chancellor of the University who issued an order dated 7.7.2010 to recall the mark list, cancel the degree awarded to him and to grant him one more chance to appear for the MSc degree Previous Examination with the same scheme and syllabus. Pursuant thereto, the Controller of the University issued Ext. P4 memo dated 26.7.2010 calling upon the petitioner to return the mark list of the MSc degree Previous Examination and the degree certificate issued to him. He thereupon submitted Ext. P5 representation dated 9.9.2010 to the Vice Chancellor of the University. The Syndicate of the University that met on 13.12.2010 considered the matter and resolved to stick to its earlier decision which led to the issuance of the order dated 7.7.2010. The Vice Chancellor of the University thereupon issued an order dated 31.12.2010 recalling the mark list issued to the petitioner for the MSc degree Previous Examination, cancelling the degree awarded to him and granting him one more chance to appear for the MSc degree Previous Examination with the same scheme and syllabus. Ext. P6 memo dated 27.6.2011 was thereupon issued.

(2.) The petitioner's brother had in the meanwhile sent a letter dated 3.8.2010 to the Public Information Officer of the Mahatma Gandhi University wherein he sought the details of the marks awarded to the petitioner in the MSc (Biochemistry) Previous Examination held in July 1993. The Public Information Officer gave Ext. P8 reply dated 21.8.2010 wherein he stated with reference to question No. 11 in Ext. P7 letter as follows:

(3.) The petitioner's brother had in Ext. P7 letter asked for the following information: