Aditya Malik vs Hemwati Nandan Bahuguna Garhwal University And Another

Sanjaya Kumar Mishra, J

By filing this writ application, the petitioner who is a student of LLM of Department of Law, Hemwati Nandan Bahuguna Garhwal University, Srinagar, has filed this writ application and has prayed for a issuance of a writ of certiorari quashing the correspondence/letters dated 03.02.2022, letter /Ref No. COE/2022-77 dated 08.02.2022 and letter/Ref No.COE/2022/121 dated 09.03.2022 issued by the University/respondent no.2 i.e. Annexure No.4 to the writ application. A further prayer has been made to issue a writ of mandamus directing the respondents to declare the result of the petitioner after including the marks of the petitioner for the subject Legal Concepts secured by him and awarded by the respondent –University as apparently has been procured by the petitioner in the examination of 2nd Semester of LLM.

It is borne out from the record that the petitioner has appeared for the LLM Second Term Examination, but the marks he has secured for legal consent has not been included in the final mark-sheet for the 2nd Semester. However, it is further borne out from the record that specially, the letter 30.01.2022 that is annexure-3, wherein the HOD of the Law Department of the University has intimated the Controller of the Examination that the petitioner has secured 14+7 marks i.e. total 21 in the subject ‘Legal Concepts’ and it should be included in the final mark-sheet. However, it is further intimated that the HOD of the Law Department of the University that earlier marks could not be intimated to the Controller examination because of some internal problem of the University.

In that view of the matter, the writ application is allowed. The letter/Ref No. COE/2022-77 dated 08.02.2022 and letter/Ref No.COE/2022/121, dated 09.03.2022 issued by the University/respondent no.2 (Annexure No.4) are hereby quashed. A mandamus is issued to the respondent no. 2 to include the marks awarded to the petitioner by the Head of Department of the Law Faculty of the Hemwati Nandan Bahuguna University and declare his result within a period of 15 days from the date of production of certified copy of this Order.