LAWS(RAJ)-2012-8-179

SHAILENDRA SINGH NARUKA Vs. UNIVERSITY OF RAJASTHAN

Decided On August 24, 2012
SHAILENDRA SINGH NARUKA Appellant
V/S
UNIVERSITY OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE facts of the case are that the petitioner took admission into the B.E. Degree course (Electronics and Communication) in the Maharishi Arvind Institute of Engineering and Technology, Jaipur affiliated to the University of Rajasthan commencing 2004. The petitioner passed all the examinations conducted by the University as required for obtaining a degree in B.E. from the University of Rajasthan. Mark-sheets evidencing passing of the B.E. (Electronics and Communication) were issued to the petitioners. After completion of degree course, the petitioner states to have been gainfully employed.

(2.) ON 30.04.2010, the respondent No.2 issued the impugned order at the instance of the University of Rajasthan whereby the petitioner was asked to return the original mark-sheet of the examination of July 2008 pertaining to subject of Applied Electronics in IV Semester of B.E. Course and to obtain amended mark-sheet after writing an examination afresh in the said paper as the marks earlier awarded to the petitioner in the aforesaid paper were erroneously awarded showing him to have passed the said paper when in fact he had failed it. The petitioner, therefore, in these circumstances approached this Court on the ground that his mark-sheet pertaining to IV semester more particularly the subject of Applied Electronics could not be altered after a delay of about 18 months more so when the mark-sheet issued to him in the first instance was not a consequence of any fraud or misrepresentation and that the petitioner has already passed out of college in the meantime and was in employment.

(3.) CONSEQUENTLY, the writ petition is allowed. The impugned order dated 30.04.2010, issued by the respondent No.2 is quashed and set aside. The respondents are directed to issue a degree certificate of B.E. Course to the petitioner as per the original mark-sheet issued to him.