V HARINATH Vs. VICE CHANCELLOR PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) The petitioner has come forward with the aforesaid Writ Petition seeking for a direction to the respondents 1 to 3, to consider his representation dated 25.01.2018, and thereby direct them to award B.Tech (ECE) degree with distinction to him in the light of the observations made by this Court in Judgment dated 30.06.2017 passed in W.P.No.19260 of 2014.

(2.) According to the petitioner after completing Higher Secondary Education, he joined in Pondicherry Engineering College, Pondicherry, in B.Tech (ECE) Degree course. Though, he secured very good marks in 10th and 12th standards, unfortunately due to the error committed by the Examiner, there was an arrear in Linear and Digital Control Systems theory paper in the fifth semester of B.Tech, in which he had performed extremely well. When a representation was made to the Vice Chancellor on 13.07.2012, the Head of Department has given good remarks. As there was no response from the said authority, the petitioner made an application to the third respondent under the Right to Information Act on 13.08.2012 seeking to furnish photocopy of the answer sheet. The third respondent vide reply dated 18.09.2012 has stated that it is not feasible to provide photocopies of the evaluated papers as it comes under Section 8(1)(e) of the Right to Information Act. Feeling aggrieved, the petitioner preferred an appeal before the second respondent, pursuant thereto, the concerned officer by order dated 30.10.2012, permitted the petitioner to scrutinize the answer papers. The petitioner went through the papers and found that the answer paper shown was not his answer paper and it was written by some other failed student. The petitioner again wrote the said paper and passed with "C" grade and he completed the course in May 2013 in First Class.

(3.) As the petitioner was not able to get I class with distinction due to the mistake committed by the University, the petitioner filed Writ Petition in W.P.No.19260 of 2014 before his Court, praying for a direction to the respondents 1 to 3 to furnish photocopy of the answer sheet pertaining to the theory subject viz., Linear & Digital Control System of the 5th Semester Examination for comparison. During the pendency of the said Writ Petition, the Pondichery University has taken a decision to issue convocation and Degree certificates to all the students. The petitioner made a representation to the respondents on 04.06.2015 requesting them not to call for issuance of the convocation and degree certificate till the furnishing of photocopy of answer script of the theory subject viz., Linear & Digital Control System as requested by the petitioner. As there was no response, the petitioner filed a Writ Petition in W.P.No.20956 of 2015 seeking for a direction to the respondents to consider and take appropriate action on his representation dated 04.06.2015.