RAMESH CHANDRA YADAV Vs. REGISTRAR

JUDGEMENT

(1.) Since pleadings are complete, therefore, at the request of learned counsel for the parties, matter is heard finally.

(2.) By the instant petition, the petitioner has not assailed any specific order, but requested for issuing appropriate direction to the respondents for giving the B.Ed. Degree to him as the petitioner appeared in the examination of B.Ed. for the session 2012-13 and successfully qualified the same with third division securing 74.33% marks in practical exam and 38.14% marks in theory papers.

(3.) As averred by the petitioner, a mark-sheet dated 14.08.2014 (Annexure-P/1) for B.Ed. examination for the session 2012-13 was issued to him by the respondent university showing him pass with third division in theory papers and pass with first division in practical exam. The petitioner in pursuance to his mark- sheet, got selected as a teacher in Rajasthan Education Department and has to submit the degree of B.Ed. within the stipulated time otherwise his appointment would be cancelled. The petitioner submitted an application before the respondent for issuing the B.Ed. degree, but nothing was done by the respondent, therefore, a notice was issued to them on 29.10.2017 (Annexure-P/2) for issuance of B.Ed. degree, but nothing was done and even no reply to said notice has been given, ergo having no other option but to approach this Court, this petition is filed by the petitioner. The respondent No.1 submitted it's reply stating therein that the degree of B.Ed. cannot be issued in favour of the petitioner as he did not clear the examination, but due to typographical mistake, the mark-sheet showing him pass in the said examination was issued. As per the respondent, in view of the Ordinance No.87, the petitioner had to secure minimum 40% marks in both the parts i.e. theory as well as practical and as the petitioner has not secured minimum 40% marks in theory part, therefore, he could not have been declared pass. They have also relied upon the syllabus of B.Ed. (Annexure-R/2), which prescribes minimum passing marks i.e. 40%. Since the petitioner secured 267 out of 700 marks in theory part, whereas it should have been minimum 280 out of 700. Accordingly, the mark-sheet which had been issued to him, should not have been issued, but due to typographical error, incorrect mark-sheet has been issued. But factually the petitioner has not cleared the examination, therefore, degree of B.Ed. cannot be issued to him. The respondent in it's reply further submitted that as per the report of Standing Committee met on 14.12.2017, it is resolved that along with the present petitioner, two other candidates have been given the incorrect mark-sheet showing them pass though they did not secure minimum 40% marks in both the parts of the examination, mistake committed to be rectified by issuing correct mark-sheet.