HITHAISHI RAJ Vs. NEW SHORES INTERNATIONAL COLLEGE

JUDGEMENT

(1.) The petitioners have sought for the following reliefs:

(2.) Relief No.1 is not pressed by the petitioners. The petitioners joined the course B.A [Tourism and Journalism] in the respondent No.1 institution during the academic year 2018-19. The petitioners contended that no institutional and instructional facilities were provided by the respondent No.1 college, owing to the lack of teaching staff, lack of library facilities and other related issues. On the other hand, there were only three students in B.A [Tourism and Journalism] course I relating to the academic year 2018-2019. It is the grievance of the petitioners that they were not allowed to appear for the examination and as such they were compelled to approach this Court. In view of the interim order passed by this Court on 23.05.2019, the petitioners were permitted to appear for the second semester final examination scheduled to commence from 27.05.2019 subject to the petitioners fulfilling the eligibility criteria and subject to the result of the writ petitions. Despite the interim order passed by this Court, the respondent No.1 institution has not permitted the petitioners to appear for the second semester final examination raising the issue of shortage of attendance which was no where brought to the notice of the petitioners during the academic session of first and second semesters. Finally on the clarification made by this Court on 28.05.2019 inasmuch as the interim order passed on 23.05.2019, the petitioners were permitted to appear for the remaining second semester final examination. In the process, the petitioners lost their legitimate right to appear for the examination relating to all the subjects of the II Semester as one subject remained uncleared. Being aggrieved by the same, the petitioners have sought for Marks Cards, Character Certificates and other original documents as well as the transfer certificates but in vain.

(3.) Learned counsel for the petitioners reiterating the grounds urged in the writ petitions would submit that the petitioners have lost one year on the false hopes and assurances made by the respondent No.1-Institution and finally they were labeled as the failed students since they were not permitted to appear for one subject of second semester despite the interim order passed by this Court. On the act of omission of the Institution, to provide the basic infrastructural and institutional facilities, the petitioners are made to suffer for no fault of theirs. Despite the requests made for return of the documents/certificates and marks cards, the same has not been responded to. In support of his contentions, learned counsel placed reliance on the judgment of this Court in the case of Dr.Ravikumar and Others V/s. The Ministry of Health and Family Welfare and Others, in W.P.Nos.35523-26/2014 [D.D 13.08.2014].