M. Chidambaranathan, J. vs University of Madras

F.M. Ibrahim Kalifulla, J.—Mr. V. Subbarayan, Special Government Pleader, takes notice on behalf of the Respondent.

The Petitioner seeks for issue a writ of mandamus to direct the Respondent to furnish the Petitioner a duplicate certified copy of his B. Ed.,

degree awarded by the Respondent viz., University of Madras through the Institute of Correspondence Education.

According to the Petitioner, he underwent B. Ed., (Option-Maths) Degree Course offered by the Institute of Correspondence Education of

University of Madras during the academic year 1988-89, that he passed out the examination conducted in December 1991 and was awarded the

Degree of Bachelor of Education in 1991 and was issued with a certificate, that the original degree certificate was lost at Mayiladhurai Bus Stand

on 6.6.1999 along with his other certificates, that one month later, he preferred a complaint with the Sub Inspector of Police, Crime Branch,

Mayiladuthurai, that the Sub Inspector of Police, Crime Branch, issued a certificate to the effect that the Petitioner lost his B. Sc.(Maths) Degree

Certificate as well as B. Ed., Degree Certificate and that the same were not traceable. The Petitioner would therefore contend that when he made

an application to the Respondent on 20.1.2001 for issuance of a duplicate certificate of B. Ed.degree, the Respondent not having responded till

this date, he is obliged to file this writ petition.

I find absolutely no bona fide in the claim of the Petitioner. In the application said to have been made by the Petitioner on 20.1.2001, the

Petitioner for the issuance of the duplicate certificate, furnished certain details which are as under:

Details:

Name : M. Chidambaranathan

Reg. : No. Not traceable

Year of study : 1988-89

Year of completionDecember 1991

:

Course : B. Ed.

(Correspondence)

It will have to be stated that that though the Petitioner is said to have done the B. Ed., Course through Correspondence, it is highly unbelievable

that the Petitioner is not in possession of even single material which is said to have been furnished by the Respondent University for undergoing the

correspondence Course of B. Ed, degree. The affidavit filed by the Petitioner is as bald as it could be. Therefore, on the face of it, it is clear that

the Petitioner has come forward with a false claim that he underwent the Correspondence Course of study of B. Ed., with the Respondent

University. It is quite unbelievable that responsible police officer at a Sub Inspector level could have issued a certificate without making necessary

investigation about the genuineness of the so called complaint given by the Petitioner about the loss of the original certificate. The typed copy of the

certificate said to have been issued by the Sub Inspector of Police filed along with the writ petition does not contain any date. Even in the

representation dated 20.1.2001 said to have been sent by the Petitioner to the Respondent University, it is claimed that only an attested xerox

copy of the certificate issued by the police was sent along with an affidavit attested by Notary Public. Therefore, it is not known whether any

certificate at all was issued by the Sub Inspector of Police, Crime Branch, Mayiladuthurai. On the whole, it is clear that the Petitioner is attempting

to play a fraud not only against the University but also on the Court. Therefore, it is a case where appropriate and necessary action should be

taken against the Petitioner for an attempted false claim being made in order to obtain a duplicate certificate of B. Ed., Degree Course without any

basis for such a claim and also by making baseless averments in the form of an affidavit. In such circumstances, while dismissing this writ petition

with costs of Rs. 5,000/- the Sub Inspector of Police, Crime Branch, Mayiladuthurai is directed to hold necessary investigation against the

Petitioner and launch appropriate criminal proceedings if necessary. The Sub Inspector of Police, Crime Branch, Mayiladuthurai shall report about

the steps taken in this regard within a period of one month from the date of receipt of copy of this order. The Special Government Pleader shall

furnish the necessary paper filed along with this writ Petitioner to the concerned police officer to carryout the necessary investigation.