SUMAN OJHA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner had appeared in the B.Ed. examination, 2000 conducted by the V.B.S. Poorvanchal University, Jaunpur. She was declared pass in 1st Division and the mark-sheet was issued to her on 24.11.2001. Thereafter she applied for her B.Ed. degree and in response, on 5.2.2002, she was issued a provisional certificate by the University. On the basis of the provisional certificate she was selected for the B.T.C. course. She then again in 2004 applied to the University for her regular certificate-B.Ed, degree. In response, again on 9.6.2004, the University issued her a provisional certificate instead of the regular B.Ed. degree. The petitioner thereafter approached the respondent-University time and again for issuance of her certificate-B.Ed. degree but since the University did not respond, the petitioner has filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondent-University to issue her degree/certificate of the B.Ed. examination, 2000.

(2.) I have heard Sri R.K. Ojha, learned Counsel appearing for the petitioner as well as learned Standing Counsel appearing for respondent No. 1 and Sri Anil Tiwari, learned Counsel appearing for the contesting respondent-University. Pleadings between the contesting parties have been exchanged and with the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.

(3.) The sole ground for not issuing the certificate-B.Ed. degree to the petitioner, as disclosed in the counter affidavit, is that in the marks-sheet the petitioner was shown to have obtained 73 marks in the Paper "Shiksha Ke Darshnik Evam Samajshastriya Adhar" (Paper No. II), but according to the University there appeared to be some interpolation as the petitioner ought to have been awarded only 63 marks. It was for the first time in the counter affidavit that they disclosed that some enquiry in this regard was pending because of which her B.Ed. degree could not be issued.