- (1.) THE facts of this case depict the callous functioning of a limb of education department of the State, as a result of which the future of a student has been blinked.
(2.) THE respondent No. 1 in FMA 174 of 2002 was a student of Electrical engineering in Licentiate Course under the State Council for Engineering and technical Education. He sat for the examination in 1979. He got good marks in the examination save and except in two papers where he unfortunately failed. In the next semester he again appeared for those two subjects. However, when the mark-sheet was given, he found that he was shown absent in those two papers. This was in 1980. He made a complaint to the Principal of the college. As per advice of the Principal he made a complaint to the Council. The Council took back his mark-sheet with the verbal assurance that he would be given appropriate corrected mark-sheet. He gave umpteen reminders, but in vain. Ultimately he gave a notice demanding justice and filed a writ petition in 1984 being CR 10268 (W) of 1984.
(3.) DESPITE service of notice none appeared on behalf of the Council. Rule was issued, even then the appearance of the Council could not be ensured before 2001. In 2001 for the first time after a notice of contempt was issued, the appearance of the Council could be ensured. The Council then filed an affidavit in 2001 disclosing an investigation report of 1981 wherefrom it appears that as per the Council they had shown the respondent No. 1 as absent as they did not receive his answer scripts for evaluation whereas the Principal of the college asserted that the student did appear in the examination and the answer scripts were duly sent to the Council for evaluation. After investigation the student was asked to appear at the next examination which he refused. No document was disclosed as to how the concerned student was asked to appear for the next examination. No explanation was given as to why the copy of the investigation report was not served on the concerned student and as to under whose instruction investigation was sought to be carried out and such decision was taken.;