Shiv Kumar vs Dakshin Bharat Hindi Prachar ...
2021 Latest Caselaw 5119 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                       WP(C).No.1448 OF 2021(E)


PETITIONER:

               SHIV KUMAR
               AGED 37 YEARS
               PANIKKASSERY HOUSE,
               KANNIKULANGARA P.O.,
               PUTHENCHIRA, THRISSUR DISTRICT,
               PIN-680 682.

               BY ADVS.
               SRI.S.P.ARAVINDAKSHAN PILLAY
               SMT.N.SANTHA
               SRI.V.VARGHESE
               SRI.PETER JOSE CHRISTO
               SRI.S.A.ANAND
               SMT.K.N.REMYA
               SMT.L.ANNAPOORNA
               SHRI.VISHNU V.K.
               KUM.ABHIRAMI K. UDAY
               SHRI.KURUVILLA SABU CHRISTY

RESPONDENTS:

      1        DAKSHIN BHARAT HINDI PRACHAR SABHA,
               THYAGARAYA NAGAR, CHENNAI-600 017,
               REPRESENTED BY ITS GENERAL SECRETARY.

      2        REGISTRAR,
               DAKSHINA BHARAT HINDI PRACHAR SABHA,
               UCCHA SIKSHA AUR SODH SANSTHAN,
               THANIKACHALAM ROAD, CHENNAI-600 017.

      3        SECRETARY OF EXAMINATIONS
               DAKSHINA BHARAT HINDI PRACHAR SABHA,
               UCCHA SIKSHA AUR SODH SANSTHAN,
               THANIKACHALAM ROAD, CHENNAI-600 017.

               R2 BY ADV. SHRI.JAWAHAR JOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1448 OF 2021
                                              2


                                      P.V.ASHA, J.
                            ---------------------------------
                                 WP(C) No.1448 of 2021
                             ----------------------------------
                        Dated this the 11th day of February, 2021

                                       JUDGMENT

The writ petition is filed by the petitioner who underwent

B.A. Degree course conducted by the Dakshin Bharat Hindi

Prachar Sabha, seeking the following reliefs:

"i. declare that the petitioner is entitled to be given a consolidated mark list for the B.A. Degree Examination taken by him, entering therein the marks for the Praveen Examination passed by him as the marks for his 1 st year B.A. Degree Examination.

ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to give the petitioner a consolidated mark list for the B.A. Degree Examination taken by him, entering therein the marks for the Praveen Examination passed by him as the marks of his 1st year B.A. Degree Examination forthwith.

Iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pass expeditious orders on Ext.P11.

And

iv. grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil)."

2. Sri.Jawahar Jose, the learned Standing Counsel for

the respondents submitted that the petitioner can be given

consolidated mark list for the B.A. Degree Examination,

entering the marks for the Praveen Examination passed by

him for the 1st year B.A. Degree Examination. It is also

submitted that such a marks list should be issued immediately WP(C).No.1448 OF 2021

after the requisite payment is made.

Accordingly, this writ petition is disposed of, recording

the submissions of the learned Standing Counsel for the

respondents, and with a direction to the 2nd respondent to

issue the mark list within a period of two weeks from the date

of remittance.

Sd/-

P.V.ASHA JUDGE VPK WP(C).No.1448 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF RASHTRABHASHA PRAVEEN POORVARDH EXAMINATION-FEBRUARY, 2004.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF RASHTRABHASHA PRAVEEN UTTARARDH EXAMINATION-AUGUST, 2004.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF B.A.DEGREE (DISTANCE EDUCATION) MAY, 2007.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF M.A.DEGREE (DISTANCE EDUCATION) MAY, 2009.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF M.PHIL DEGREE, 2010.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF P.HD DEGREE, JANUARY, 2014.

EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE PROSPECTUS FOR B.A. (THREE YEAR COURSE) WITH ENGLISH TRANSLATION.

EXHIBIT P8 TRUE COPY OF THE MARK LIST FOR PASSED THE 2ND YEAR B.A. DEGREE EXAMINATION IN MAY, 2006 ISSUED BY THE SABHA.

EXHIBIT P9 TRUE COPY OF THE MARK LIST FOR PASSED THE 3RD YEAR B.A. DEGREE EXAMINATION IN MAY, 2007 ISSUED BY THE SABHA.

EXHIBIT P10 TRUE COPY OF THE CONSOLIDATED MARK LIST, IN 2013, WITH THE DATE OF THE CERTIFICATE SHOWN AS 7.9.2011.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 1.12.2020 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING EXT.P11.

EXHIBIT P13 TRUE COPY OF THE POSTAL TRACK CONSIGNMENT RECORD.