SONAM JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner was a student who was prosecuting a course in M.Sc. (IT) in the institute of respondent No.3, which is affiliated to the University i.e. respondent No.2. Petitioner appeared in the IInd, IIIrd and IVth Semester examination, which was conducted in June, 2011, December, 2011 and June 2012. However, when the results were not declared, petitioner filed this writ petition.

(2.) On notice being issued, respondent No.3 Institute has filed the reply and they point out that now vide Annexure R - 3 R -3/7 and R -3/8 the marksheets of petitioner have been issued by the University and the institute has handed over the marksheets to the petitioner. It is also indicated in the reply that delay in issuing the marksheets had resulted because of the fact that the petitioner's marks in the practical examination (internal assessment) undertaken by the institute was misplaced and the Institute thereafter took up the examination again and forwarded the internal marks to the university and thereafter the University declared the result of all the three semesters and issued the marksheet.

(3.) It is stated by filing additional documents vide I.A. No.1666/2014 that now as the petitioner's marksheet has been Sonam Jaiswal Vs. State of M.P. & Others issued, the petitioner has indicated her willingness to withdraw the writ petition. However, Shri Ankit Agrawal, learned counsel appearing for the petitioner accepted the aforesaid contention and points out that in all the three marksheets petitioner has shown to have passed the examination in the backlog category, meaning thereby petitioner has failed in earlier occasion and thereafter appeared and passed the examination as private candidate. It is stated that this would adversely affect the petitioner and because of fault on the part of the institute and the University petitioner should not suffer. It is stated that petitioner would be satisfied if a fresh marksheet is issued deleting the word 'Backlog' in all the three marksheets.