PRABHAT KISHOR SAHU Vs. SAMBALPUR UNIVERSITY

JUDGEMENT

(1.) The decision of this case depends on interpretation of the provision in Regulation 18(C) under Chapter III of the Sambalpur University Regulations.

(2.) The petitioner Shri Prabhat Kishor Sahu appeared in the Bachelor of Arts Examination held in the month of March, 1987 with honours in Statistics; he was declared to have passed the Examination with second class honours in July, 1987; on his application a provisional certificate was issued to him on 31/07/1987 wherein it was stated that he passed the B.A. Examination with second class honours in Statistics (Annexure 2) and in the mark-sheet issued to him (Annexure 3) the said position was also reiterated. In November, 1990 when he received the B.A. degree certificate he found that there was no mention of honours in it. His requests to the Principal, G.H. College, Sambalpur (opp. party No. 2) and the Registrar of the University (opp. party No. 1) for correction of the certificate brought no fruitful result. He was told that the degree certificate is final and no change in it is possible. It is averred in the writ application that in the meantime the petitioner had successfully completed the course in the Rank Institute Computer Centre, Madras in June, 1989 and thereafter, has got himself admitted for higher studies in Annamalai University at Annamalainagar in the State of Tamil Nadu on the basis of the provisional certificate issued to him. The action of the opp. parties in not showing him as an honours graduate in Statistics in the degree examination is assailed by the petitioner as illegal, in violation of the principle of natural justice and being hit by the principle of estoppel. He filed the writ application seeking a writ of mandamus directing the opp. party No. 1 Sambalpur University to correct the certificate as per Annexure 8 and to declare him to have passed B.A. with Statistics honours.

(3.) The opp. party No. 1 in its counter affidavit while not denying the averments of facts discussed above took the stand that since the petitioner did not secure 45% marks in theory examination in Statistics he did not qualify for being declared to have passed in Statistics honours in accordance with the provisions in Regulation 18(C)(ii) of the Regulations and therefore, while issuing the degree certificate the honours subject was rightly omitted. It was the further case of the opp. party that on erroneous impression the petitioner was shown in the provisional certificate and the mark sheet to have passed the B.A. Examination with second class honours in Statistics. On the mistake being detected necessary corrections were made and the correct position was reflected in the degree certificate.