B. STAINES Vs. TAMIL NADU AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) This writ petition has been filed for a Mandamus seeking for a direction to the 1 st respondent to award 3 marks as grace marks to the petitioner for the subject viz., Machine Design and Drawing (Course Code- FMP 215) in the IV Semester Exam to enable him to get the B.Tech (FT) course thereby allowing the petitioner to continue with Trimester III the MBA course in the 3 rd respondent Institute without any break.

(2.) It is the case of the petitioner that he pursued B.Tech (FT) course in the year 2017 in the 2nd respondent Institute and has completed the same in the year 2022. It is his grievance that though he appeared for IV semester examination in the month of December 2021, his results were published only on 3/11/2022 and subsequently he cleared all the subjects, except one subject viz., Machine Design and Drawing, where, he secured 27 marks and was short by 3 marks. It however came to the knowledge of the petitioner that grace marks were awarded to a batch of students viz., 2015, 2016 and 2017 batch, due to the pandemic situation. It is averred that on a firm belief that his case will also be considered like that of similarly placed in respect of awarding grace marks and as such, on completion of B.Tech., course, the petitioner joined M.B.A. Course on the premise that he will also be awarded the grace marks by the 2nd respondent. Further the 3rd respondent issued orders by granting time till December, 2022 to produce the course completion certificate. the and written the 1 st semester. Though the petitioner passed out of the course, however, the certificate was issued only during 2023, which precluded the petitioner from submitting the certificate within the time stipulated by the 3rd respondent. In view of non submission of the requisite documents, he was not permitted to continue with Trimester III M.B.A. Course. Hence, the petitioner has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India with the aforesaid prayer.

(3.) Though very many grounds have been raised, learned counsel for the petitioner submits that inspite of steps being taken by the petitioner before the 1 st respondent for awarding grace marks on par with similarly placed students, his results were published belatedly. Hence, he prays for issuance of appropriate directions to the 3 rd respondent by permit the petitioner to continue his M.B.A. Course (Trimester III).