High CourtsSingle Bench(2022) 08 UK CK 0021

Sudhir Kumar Yadav vs Hemwati Nandan Bahuguna Garhwal University And Another

Uttarakhand High Court · Decided on 3 August 2022

HON’BLE JUDGES
Sanjaya Kumar Mishra, J
RESULT
Allowed
CASE NUMBER
Writ Petition (Criminal) No. 1779 Of 2022

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Judgment

6 paragraphs · 388 words

Sanjaya Kumar Mishra, J

1.

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 issuance of a writ of certiorari quashing the correspondence letter /Ref No. COE/2022-77 dated 08.02.2022 issued by the University/respondent no.2 i.e. Annexure No.5 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 of 1st and 2nd Semester of LLM Course 2020-2022 after including the marks of the petitioner for the subject “Judicial Processs-1” in the 1st Semester and “Legal Concepts and Judicial Process II” in the 2nd Semester secured by him and awarded by the respondent –University.

2.

It is borne out from the record that the petitioner has appeared for the LLM 1st and 2nd Semester examination, but the marks he has secured for “Judicial Process 1” in the 1st Semester and “Legal Concept and Judicial Process II” in the 2nd Semester has not been included in the final mark-sheet.

3.

However, it is further borne out from the record that specially, the letter dated 20.01.2022 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+14 marks i.e. total 28 in the subject ‘Judicial Process 1’ (paper code 101164) and ‘Legal Concepts’ (paper code 102161) and Judicial Process II’ (paper code 102163), 14-14 marks vide inquiry report dated 30.01.2022 and it should be included in the final mark-sheet. However, it is further intimated that by 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.

4.

In that view of the matter, the writ application is allowed. The correspondence letter /Ref No. COE/2022-77 dated 08.02.2022 issued by the University/respondent no.2 (Annexure No.5) are hereby quashed.

5.

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.