ARATHY P.JOSE Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) THE petitioner, on the basis of a provisional certificate issued produced as Ext.P5, seeks issuance of degree certificate after setting aside Ext.P10 memo issued by the University; pointing out certain defects in her claim of having obtained a B.Com Degree.

(2.) THE brief facts of the case are that the petitioner was a candidate from the respondent University's International Off Campus Centre at Abudabi for the B.Com Degree course, for the year 2007 -10. It is seen that for the 2nd year, the petitioner appeared for the examinations and failed to get the minimum pass marks required in Paper -VI 'Marketing Management'. As is evidenced by Ext.P12, she obtained only 30 marks. It is submitted that she sat for the supplementary examination which was held in October 2010. But it is contended that no mark lists were issued to her. After the present dispute arose, it is the petitioner's claim that she applied for a duplicate mark list and she was issued with Ext.P7, which again shows that for the paper 'Marketing Management' she obtained only 23 marks, thus again failing in the same.

(3.) THE petitioner applied for a provisional Degree certificate by Ext.P4. This was the point at which the University committed a mistake by issuing Ext.P5 provisional certificate. It is the contention of the University that the same was issued without proper verification since in May 2009 in the supplementary examination the petitioner appeared; she obtained only 30 marks out of 40 as is evidenced by Ext.P12. The Pass Board had permitted a moderation in the said paper in May, 2009 to the extent of five marks required for a pass. By an oversight, 10 marks was seen given to the petitioner and she was treated as passed and hence the issuance of the provisional certificate, is the contention of the University. It is to be noticed that even going by the petitioner's averments, it is admitted that she failed in May 2009 examinations as is revealed by Ext.P12.