Shimla. Sep 29
Himachal Pradesh High Court dismissed an Appeal filed by the H.P. University, challenging the order of payment of compensation of Rs.40,000/- to a student, who had alleged that irreparable loss was caused to his career due to delay in issuance of the consolidated mark sheet of M.A (Economics) to him.
Division Bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewa Dua, while dismissing the appeal, upheld the decision of the Single Judge and observed that a larger amount of compensation was liable to be imposed in this matter.
The writ petitioner Naveen Kumar had filed a writ petition alleging that the H.P. University was not issuing the consolidated mark sheet for M.A. Economics to him, despite the fact that he had passed all the papers of M.A. Economics in the year 2005.
He had alleged that the University had shown him absent in one of the courses, whereas he had appeared in that Course.
He made representation to the University stating that he was not absent in any of the paper and also visited the authorities time and again to get his result settled and lateron, the University officials verified from the attendance sheet that he was present in both the papers.
He was assured by the University that the matter shall be settled very soon, but after passing all the papers in the year 2005, when he applied for the consolidated mark sheet, his application was again rejected.
He again visited University many times to get the matter settled after verifying his attendance from record, but the University officials refused to do so by stating that they have no time to look for the old records.
The petitioner had alleged that in whole process he spent thousands of rupees and was subjected to the ill behavior of the officials of the University.
He alleged that those were his career defining years, but due this reason in many of the interviews he was deprived from getting the weight-age on account of P.G. Degree and was also deprived from either applying or from appearing in many of the examinations, in which P.G. Degree was required.
He had prayed that University may be directed to issue his consolidated mark sheet for M.A. Economics and to pay compensation of Rs. 5 lacs to him for causing suffering and irreparable loss to him.
During the hearing of the petition, the H.P. University had admitted that the petitioner had appeared in Course III but had scored 19 marks in the said Course.
The Single Bench had allowed the petition directing the H.P. University to grant atleast three chances to the petitioner to pass the Course and to pay compensation of Rs.40,000/- to the petitioner.
The H.P. University filed the appeal against the orders of the Single Judge. Dismissing the appeal, the Court observed that learned Single Judge has been very magnanimous in ordering such a meager amount against the appellants-University.
The Court also observed that for the error committed, a larger amount of compensation was liable to be imposed, however, a very nominal amount of compensation has been ordered by the learned Single Judge.
The Court observed that it finds no ground to interfere with the impugned order passed by the learned Single Judge and dismissed the appeal.
