Kamaluddin Ahmed v. Krishna Kanta Handiqui State Open University and 4 Ors

ORDER Date : 22.01.2024 Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard P. J. Phukan, learned standing counsel for the KK Handique State Open University (KKHSOU).

¶2The petitioner, in the present proceedings has raised his grievance with regard to the fact that the results of his B.A. course examinations were not being declared by the KKHSOU.

¶3The petitioner, in the writ petition has projected that he had registered for the said B.A. course with the said university from its study centre Swahid Smriti College, Belsor. It is contended that the petitioner was allotted registration no. 15018996, but, his name was not reflected and the name of one Kishor Bayan was shown. It is stated that Kishor Bayan had a different registration no. i.e. 15018997. Page No.# 3/5 The petitioner by referring to the admit card issued for the different examinations conducted for the course in question states that although the admit card issued to him had his photograph and registration no.15018996, but, the name was shown as Kishor Bayan. The petitioner after the first semester examination had approached the authorities of Swahid Smriti College, Belsor, requesting for correction of the error occasioning in registration details as well as in the admit card issued to him. The authorities of Swahid Smriti College, Belsor, had vide communication dated 18.07.2018 forwarded the application of the petitioner for correction of his particulars to the Controller of Examination of the KKHSOU. The Registrar of the said KKHSOU vide communication dated 06.03.2019, by holding that there is no registration made in the name of Mr. Kamaluddin Ahmed, against registration no. 15018996 rejected the application of the petitioner for correction of his particulars in the details recorded in the records of the KKHSOU. It was further highlighted in the said communication dated 06.03.2019 that Kishor Bayan was allotted registration no. 15018996 and in all the admit cards for the exams held for the said course, it is the said registration no. that continued to be associated with the name of Kishor Bayan.

¶4In the affidavit filed by the respondent, KKHSOU, the position as reflected to herein above was reiterated.

¶5Today, when the matter was taken up, Mr. P. J. Phukan, learned standing counsel has placed on record a speaking order, dated 06.04.2023, issued jointly by the Registrar and Controller of Examinations, KKHSOU and therein also the prayer of the petitioner for correction of his name as recorded in the records of the B.A. course was rejected.

¶6Poised thus, the learned counsel for the petitioner has drawn the attention of this Court to an affidavit filed on 15.10.2020 by the respondent no. 5, more particularly, to the statements made in Paragraph-4 thereof. The relevant portion Page No.# 4/5 of the statements made in Paragraph-4 is extracted herein below:- ''The answering deponent did not appear in the B.A, 1st Semester Examination, 2015. The answering deponent further submits that the answering deponent had thereafter not pursued the three years degree course in the Arts stream i.e. Bachelor of Arts in the Krishna Kanta Handiqui State Open University.'' The said submission of Kishor Bayan has the effect of again opening up of a new dispute and it contradicts the findings made by the authorities of the said Open University. However, what is to be noted here is that there is no document available on record to conclusively come to the conclusion that the registration no. 15018996 was erroneously issued in the name of Kishor Bayan. In absence of any such clinching materials available on record, this Court would not be in a position to conclude either in favor of the petitioner or in favor of the KKHSOU.

¶7In the said view of the matter and the rights of the petitioner to have the said degree assigned in his name, this Court, would require the petitioner to approach the civil Court of competent jurisdiction for a declaration that he is the actual holder of the registration no. 15018996 and the name Kishor Bayan as recorded against the said registration no. was so done erroneously.

¶8The petitioner may approach the civil Court of competent jurisdiction and in the event of any such approach made by the petitioner, the said Court shall consider the matter on its merit and come to its independent conclusions thereof.

¶9The observations, if any, made in this order or in the order(s) passed in this proceedings earlier shall not be binding on the Trial Court and the Trial Court shall arrive at its independent conclusion with regard to the grievance raised by the petitioner, basing on the materials coming on record before it.

¶10With the above observations, the writ petition stands disposed of.

¶11The speaking order dated 06.04.2023, produced by Mr. Phukan, learned Page No.# 5/5 standing counsel is kept on record and marked as 'X' for identification. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010185282019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5625/2019o KAMALUDDINoAHMEDo S/OoMD.oPRAMODoAI,oR/OoVILL.oCHURCHURI,oP.O.oBARNARDDI,oP.S.o BELSOR,oDIST.oNALBARI,oASSAM,oPIN-781303 VERSUSo KRISHNAoKANTAoHANDIQUIoSTATEoOPENoUNIVERSITYoANDo4oORS.o REP.oBYoITSoVICEoCHANCELLOR,oHEADoOFFICE,oPATGAON,oRANI,o GUWAHATI,oDIST.oKAMRUP,oASSAM,oPIN-781017 2:THEoREGISTRAR oKRISHNAoKANTAoHANDIQUEoSTATEoOPENoUNIVERSITY oADD.oHOUSEFEDoCOMPLEX oDISPUR oGUWAHATI oDIST.oKAMRUPo(M) oASSAM oPIN-781006 3:THEoCONTROLLERoOFoEXAMINATIONS oKRISHNAoKANTAoHANDIQUEoSTATEoOPENoUNIVERSITY oADD.oHOUSEFEDoCOMPLEX oDISPUR oGUWAHATI oDIST.oKAMRUPo(M) oASSAM oPIN-781006 4:THEoCOORDINATOR oKRISHNAoKANTAoHANDIQUEoSTATEoOPENoUNIVERSITYoSTUDYoCENTRE oSWAHIDoSMRITIoCOLLEGE oBELSOR Page No.# 2/5 P.O. BELSOR DIST. NALBARI ASSAM PIN-781304 5:KISHOR BAYAN S/O SHRI AKSHYA BAYAN R/O KAKAYA PO. AND P.S. KAKAYA DIST. NALBARI ASSAM PIN-78130 Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : MR. L SHARMA BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR