NASIR AHMAD RATHER Vs. NIIT AND ORS.

JUDGEMENT

(1.) THE petitioner has filed this writ petition for issue of a Mandamus commanding the respondents to officially declare the result of the petitioner of the M. Tech course in Water Resources Engineering in terms of judgment dated 30.10.2012 passed in OWP No. 1069/2009 and, in the event the petitioner has secured first position in the said course, to award him the requisite Degree as also Gold Medal. Briefly put, the facts are that the petitioner was granted admission to M. Tech course in Water Resources Engineering in NIIT, Srinagar, pursuant to Court order. On completion of the course, the respondents produced the result of the petitioner in sealed cover before the Court. The sealed cover was opened by the Court on 30.10.2012. Consequent thereto, the writ petition was disposed of and the admission of the petitioner for the said course was regularised. The respondents were directed to officially declare the result of the petitioner within two weeks.

(2.) THE present writ petition, filed by the petitioner on 12.11.2012, raises a two -fold grievance: first, that the respondents had scheduled the annual Convocation on 16.11.2012 for award of Degrees and Gold Medals, but since the respondents had not officially declared his result, his name had not been included in the list of the candidates to whom Degrees were likely to be given out at Convocation; second, that, according to his information, he had secured first position and, therefore, was entitled to receive Gold Medal at the aforesaid Convocation, but since his result had not been officially declared, he was being deprived of the said benefit. The official respondents in their response have stated that in compliance of the judgment dated 30.10.2012 passed in OWP No. 1069/2009, the results of the petitioner were declared within the time stipulated therein, i.e., on 22.11.2012; whereas the convocation was held on 16.11.2012. As regards the award of Gold Medal, it is averred that the Senate of the Institute in its meeting held on 15.10.2012 passed Resolution No. 11/21 to the following effect:

(3.) I have heard learned counsel for the parties and considered the matter.