Court No. - 32
Case :- WRIT - C No. - 23955 of 2020 Petitioner :- Himanginee Upadhyay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the contesting respondents.
By way of the instant petition, the petitioner has prayed for issuance of writ, order or direction in the nature of mandamus directing the respondents to declare the result of back-paper (Supplementary Examination) of Bachelor of Science in Medical Laboratory (B.Sc. MLT) 2nd year Examination with Roll No.3128735019 of the petitioner and issued the mark-sheet of passed certificate of B.Sc. (MLT) 2nd Year Examination, within a stipulated period as fix by this Hon'ble Court.
Controversy involved in this case is for issuance of degree by respondent no.4. In that regard, it has been informed by Sri Rohit Pandey, learned counsel appearing for respondent nos. 2, 3 and 4 that in this regard certain original papers are required to be produced before the controller of the competent authority and only then the degree will be issued. To this submission, learned counsel for the petitioner has no objection and he says that he will produce the same within one month from today before the authority concerned.
Learned Standing Counsel has brought to the notice of this Court fact that because of lapse of eight years, now fresh marks cannot be allotted. However, on the basis of other marks, only average marks shall be allotted.
Learned counsel for the petitioner has no objection.
At this stage, Sri Rohit Pandey, learned counsel for the aforesaid respondents submits that in case original papers are submitted and they are duly verified and found to be genuine, then the requisite degree shall be issued to the petitioner and no hindrance will be made. It was also informed by learned counsel for the aforesaid respondents that in this case the student passed his previous examination through back papers and there is certain discrepancy in the year of examination, which can be corrected only when the original mark-sheet is deposited with the authorities concerned, say respondent no.4.
Learned counsel for the petitioner also claims that he will do the needful and will submit the original mark-sheet as issued to him in that regard within one month.
However, it is clarified that in case all the necessary papers are made available, then the same shall be duly verified about its genuineness and concerned degree may preferably be issued within a period of next month.
With the aforesaid direction, the instant petition is disposed of. Cost easy.
Order Date :- 5.1.2021 S Rawat