MINOR M S TAMILSELVAN Vs. REGISTRAR BHARATHIAR UNIVERSITY

JUDGEMENT

(1.) Petitioner seeks to issue writ of certiorarified mandamus, calling for the records of the third respondent with reference to notice dated 26.3.1996 complying to the letter of the first respondent dated 15.2.1996, to quash the same and to direct the respondents to allow the petitioner to pursue his B.A.Corporate Secretary-ship Course in the third respondent college.

(2.) The father of the minor petitioner states that his son has completed his Higher Secondary School Education, having studied in G.H.M.Higher Secondary School, Salem. He completed his Higher Secondary Course during the year 1994-1995 and he received his mark sheet in original and the details of the marks are given in the affidavit. He applied for re-totaling, as he was not satisfied about his marks in Mathematics and Accountancy. The petitioner was very much confident of securing higher marks and the marks found in the mark sheet was very low to his expectations. On his application for re-totaling, the petitioner was informed that his marks in Mathematics was 90 out of 200 as against 056 as given in the original mark list. He forwarded his original mark sheet for issuance of fresh mark sheet, incorporating the same in the fresh mark sheet after re-totaling. He was issued with a fresh mark sheet as per certificate issued by the Department of Government Examinations, Madras-6. He secured admission after remitting necessary fees and pursuing the said course. Whileso, the petitioner came to be served with a communication from the office of the Director of School Examination (Higher Secondary) intimating that the petitioner has secured 100 marks in accountancy (re-totaling) and requesting the petitioner to send the certificate for issuing the mark list. As he had joined the third respondent-college, he was not able to send the mark sheet. While the petitioner has been studying in the third respondent college, to his shock and surprise, he received a notice dated 1.3.1996 from the third respondent stating that they have received a communication from the Registrar, Bharathiar University, Coimbatore, to the effect that the Higher Secondary Mark sheet submitted by the petitioner for the purpose of admission has been found to be bogus and called on the petitioner to explain as to why he should not be removed from the college with immediate effect. The petitioner submitted his reply stating that the mark sheet produced by him to the college is a genuine one. By further notice dated 26.3.1996 the third respondent informed that the name of the petitioner will be removed from the rolls of the college with effect from 26.3.1996 and that a police complaint was also lodged against the petitioner. The petitioner also states that he came to know that the third respondent had laid a complaint dated 26.3.1996 to the Deputy Commissioner, Coimbatore and to be forwarded to the Judicial Magistrate VI, Coimbatore and subsequently, he obtained bail. The petitioner contends that he is innocent. Aggrieved by the action of the respondents, the petitioner has filed the present writ petition.

(3.) In the counter filed by the Director of Government Examinations, Madras-6, it is stated that the Directorate of Government Examinations have to conduct the examinations, value the answer sheets, issue the mark sheets, re-total the answer sheets within the stipulated time. In terms of G.O.Ms.No.301, Education, dated 7.4.1994, during 1994-1995 about 80,000 mark certificates were received in his office for verification. The mark certificates were being sent to the Directorate of Government Examinations by various institutes. The mark certificates sent to the Directorate of Government Examinations have to be verified and their authenticity have to be certified by Gazetted Officers alone. As regards the petitioner, the third respondent college had sent the mark certificates for verification. On verification from the Directorate's records, it was found that the mark sheet produced by the petitioner to secure admission to the third respondent college was a bogus certificate. The marks secured by the petitioner as per the records and the details are given in the counter affidavit. The marks originally obtained and after verification, they are given as follows:- Subject MarksMarks Tamil 123 123 English 129 129 Mathematics 056 090 Economics 075 075 Commerce 101 101 Accountancy 088 088 ------- ------ 0572 0606 ------- ------