M. VISWANATH Vs. P. DAVID JAWAHAR AND OTHER

JUDGEMENT

(1.) This contempt petition has been filed alleging wilful disobedience of the order and direction issued by this Court in W.P. No. 33166 of 2014 dated 20.02.2015. The said writ petition was filed by the petitioner herein, praying for the issuance of a direction upon the respondents 1 and 2 University, to issue him the first and second year mark sheets, Provisional certificate and Degree certificate pertaining to the Bachelor of Fine Arts - Visual Communication Design Branch completed in May 2004 for the academic year 2000-2004 from the Government College of Fine Arts, Chennai.

(2.) The petitioner's case is that inspite of the third respondent College having forwarded the particulars, the respondent University delayed the matter and did not give mark sheets and Provisional Certificate for 10 long years and he has been put to irreparable hardship and lost employment opportunities. Further, it is stated that the petitioner was directed to pay Rs. 10,000/- vide proceedings of the University dated 20.08.2008 and he has paid the amount immediately. Yet the respondent University has not released the mark sheets or Provisional Certificate.

(3.) When the writ petition was heard, the University took a stand that the petitioner studied B.F.A.Degree (Visual Communication) Course in the Government College of Fine Arts, Chennai -3 during the academic session 2000-2001 and wrote the First and Second year examinations in April 2002. Further, it was stated that the internal marks and external marks for practical was not forwarded by the College in respect of the petitioner and the Principal of the College had forwarded the internal marks on 29.07.2008, but he had not forwarded the external marks for practical. Therefore, the University requested the Principal to forward the external marks for practical, vide letter dated 12.09.2012 and the Principal complied with the direction on 22.12.2014. On receipt of the external marks for practical, the University processed the results of April 2002 for the petitioner and out of 12 subjects, the petitioner has qualified in 11 subjects only and had secured 3 marks lesser than the pass mark in respect of the subject History of Arts (FZA). Therefore, the University stated that the Provisional Certificate cannot be issued. The petitioner's case was that for no fault committed by him, he was denied mark sheets and if the petitioner had been awarded 3 more marks, he would have been declared pass.