L.Delicia Mary, v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18944 of 2018 L.Delicia Mary ... Petitioner Vs 1.The Secretary to Government, Law Department, Secretariat, Chennai-600 009.

2.The Registrar, The Tamil Nadu Dr.Ambedkar Law University, Chennai-600 028.

3.The Director of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai-600 010.

4.The Principal, Govt.Law College, Madurai-625 020.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to issue the Degree of "LL.M" (Property Law) with class obtained as "Distinction" in the forthcoming 9th Annual Convocation Scheduled in the month of September 2018 and consequently endorse the same in Provisional Certificate, First Rank Certificate, Consolidated Statement of Marks and to state the 'maximum marks' for the subject 'Dissertation' in the Consolidated statement of marks as per the representation of the petitioner dated 16.09.2017 followed by reminders dated 03.05.2018 and 14.08.2018 submitted to respondents. For Petitioner : Mr.R.R.Kannan For R1, R3 and R4 : Mr.R.Sethuraman Special Government Pleader For R2 : Mr.V.Meenakshisundaram

ORDER

Heard the learned counsel on either side.

2. The writ petitioner successfully underwent LL.M. Course in the fourth respondent College. The College is affiliated to the second respondent University. The petitioner has been issued with the provisional certificate indicating that she had passed the

course in June-2017. The petitioner has three grievances. Her first grievance is that the degree is described as Master of Laws and not as LL.M. The second grievance of the petitioner is that she having obtained Distinction is not reflected in the certificate. The third grievance is that the consolidated statement of marks does not indicate the maximum marks awarded for dissertation.

3. When the matter was taken up for hearing, the learned Standing Counsel appearing for the second respondent informs the Court that the expression Master of Law is only an expansion of the abbreviated form namely LL.M. However, they are ready and willing to issue a fresh provisional certificate indicating that the petitioner has qualified for the degree of LL.M.(Master of Laws). They are also ready to issue a consolidated statement of marks indicating that dissertation carries 200 as the maximus marks. However, as regards the other grievance namely indication that the petitioner has obtained a Distinction, the learned counsel would say that as early as in the year 2007, the University had adopted revised regulations with regard to degree of Master of Laws, when they switched over to semester Scheme. Clause 7 of the revised guidelines reads as under:- "7.Classification of successful candidates:

Students who have secured 60% and above shall be classified as having passed the examination in the First Class. Students who have secured more than 50% but less than 60% will be placed in the second class. "

4. In other words the students who have passed examination are categorised only into two namely those who have passed in the first class, those who secured second class. There is no other third category known as Distinction. However, it appears that there is a rethinking, that is currently going on. But then the proposal for awarding Distinction category in the certificate is yet to be finalised. As and when the proposal is finalised the second respondent would definitely issue a revised certificate indicating that the petitioner has cleared in the Distinction category.

5. Recording the aforesaid stand of the learned standing counsel, the Writ Petition is disposed of by directing the respondents to issue the certificate as well as the consolidated marks statement in the agreed format within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS)

To 1.The Secretary to Government, Law Department, Secretariat, Chennai-600 009.

2.The Director of Legal Studies, Purasawalkam High Road, Kilpauk, Chennai-600 010.

3.The Principal, Govt.Law College, Madurai-625 020.

4.The Registrar, The Tamil Nadu Dr.Ambedkar Law University, Chennai 600 028.

+1cc to Mr.V.Meenakshisundaram Advocate, SR.No. 56055 +2cc to Mr.R.R.Kannan, Advocate, SR.No. 55790 +1cc to M/s.Special Government Pleader,SR.No. 56116 W.P.(MD)No.18944 of 2018 21.03.2019 RMK KK/SAR/29.04.2019/ 3P- 9C