Mohamed Shafeek.N v. The Controller Of Examinations.
W.P.(MD)No.1442 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.1442 of 2021 N.Mohamed Shafeek ... Petitioner - Vs - The Controller of Examinations, Madurai Kamaraj University, Palkalai Nagar, Madurai - 21.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to release the petitioner results for subject Code PHRM09 and PHRM10 in MBA Human Resource Management within stipulated time by considering the representation made by the petitioner on 16.05.2018.
For Petitioner : Mr.T.A.Ebenezer For Respondent : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers ***
ORDER
The case of the petitioner is that he joined MBA, Human Resource Management, in the respondent university for the academic year 2013-2015. He completed the course but with 18 subjects as arrears. The petitioner has also had one arrear for nonsubmission of the project arrear. 2.The petitioner appeared in the examination conducted in November, 2017 and wrote all the 19 arrear papers. After the examinations, the university published results of only 17 papers but failed to publish the remaining two papers having subject Code of PHRM09 and PHRM10. The petitioner thereafter approached the university office and submitted application for release of results of the two remaining papers on 16.05.2018. However, no action was taken for some time. Till the date of filing of the Writ Petition, the results of the remaining two papers have not been declared at all. Therefore, the petitioner is constrained to file the present Writ Petition.
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W.P.(MD)No.1442 of 2021 3.After notice, today when the matter is taken up for hearing, Mr.K.Ragatheesh Kumar, learned Counsel for the university entered appearance and submitted that the results have been declared and the Counsel can hand over the copies of the mark sheets in respect of the said two papers to the counsel for petitioner. 4.At this, the learned Counsel appearing for the petitioner would submit that he is ready and willing to accept the same which shall be provided to him today itself. The learned Counsel for the petitioner would also submit that the university has unnecessarily delayed more than two years in declaring the results of the petitioner and the petitioner had suffered non-employment because of the non-declaration of the results for the remaining two arrear subjects. Therefore, the university may be directed to issue provisional certificate immediately so that the petitioner does not suffer from any further hardship.
5.This Court, in consideration of the plea of the learned Counsel appearing for the petitioner, is of the view that the university having not published the results for considerable time is under obligation to at least issue the provisional certificate expeditiously in order to salvage further damage being done to the petitioner's career prospects.
6.In view of the same, the respondent university is directed to issue the provisional certificate within a period of two weeks from the date of receipt of a copy of this order. 7.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) SRM To The Controller of Examinations, Madurai Kamaraj University, Palkalai Nagar, Madurai - 21.
+1 CC to M/s.ISSAC CHAMBERS, Advocate ( SR-3928[F] dated 09/02/2021 ) W.P(MD)No.1442 of 2021 08.02.2021 NA(CO) TR(26.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2