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Judgment
E.S. Indiresh, J
In this writ petition, petitioner has sought for direction to respondents to add the internal marks of the Part I and Part II of D. Pharma examination of January, 2025 undertaken by the students of the petitioner - Institution and to re-announce the result afresh after adding the internal marks.
Heard the learned counsel appearing for the parties.
Sri. Abhishek Malipatil, learned counsel appearing for the petitioner submitted that the petitioner Institution is imparting Diploma in Pharmacy Course in terms of the permission granted by the respondent - State, Pharmacy Council of India and it is affiliated to the Board of Examination Authority. Learned counsel further contended that, the petitioner - Institution has admitted students to Part I and Part II D. Pharma course and the respondent has issued the Notification as per Annexure-B with regard to Calendar of Events for Supplementary Examination for January, 2025. He further contended that, the petitioner - Institution has sent the internal marks to the respondent - authorities as per the Calendar of Events at Annexure- B and thereafter the respondent - authority has generated the Hall Tickets / Examination tickets. It is also submitted that since the results of the students of the petitioner - Institution not being announced after the final examination, petitioner has addressed letters / representations seeking update of internal marks of all the students as per Annexure-F series.
It is also argued that the results were announced, however, marks obtained in the internal assessment was not added to the final marks and therefore, petitioner - Institution has addressed letters / representations at Annexure- F series. Hence, it is argued that the internal marks obtained by the students of the petitioner - Institution has not been added to the marks obtained in the final examination and results have been announced without adding internal assessment marks and thereby, the students of the petitioner - Institution will suffer on account of not adding the internal marks and accordingly, sought for interference of this Court.
Per contra, Smt. Sukanya Baliga, learned Additional Government Advocate submitted that the petitioner - Institution did not upload the internal assessment marks on time and as such the results of the D. Pharma was declared across the State and in this regard learned Additional Government Advocate referred to Annexure-R2. It is also argued that, the results were announced on 08.04.2025 and as such, the petitioner - Institution ought to have approached the respondent - authority at the earliest and accordingly, submitted that there is lapse on the part of the petitioner - Institution and therefore, sought for dismissal of the writ petition.
In the light of the submissions made by the learned counsel appearing for the parties, the grievance of the petitioner - Institution is to add the internal marks of the students pertaining to Part I and Part II examination held during January, 2025. It is submitted that under similar circumstance for the previous years, the respondents have imposed penalty and thereafter, accepted the internal marks and same was uploaded in the portal of the respondent - Board later.
Be that as it may be, as there is discrepancy in uploading the internal marks of the students of the petitioner - Institution, however, taking into account the bona fide reasons assigned in the writ petition as to delay/discrepancy in uploading the internal marks and same requires to be condoned taking into consideration the interest of the students of the Institution.
In that view of the matter, I pass the following:
ORDER
(i) Writ Petition is allowed.
(ii) Respondent No.2 is hereby directed to add the internal marks of the students of the petitioner - Institution with regard to Part I and Part II of D Pharma examination held during January, 2025 and to re-announce the result forthwith. It is made clear that, the said relief is granted subject to the petitioner - Institution shall pay Rs.2,500/- per student of Part II D Pharma course of the students of the petitioner - Institution, to the respondent No.2, within one week from today.
(iii) It is made clear that respondent No.2 is directed to re-announce the result by adding the internal marks of the students of the petitioner - Institution within three days from today to enable the students to pay examination fees and to appear for the ensuing examination to be held from 17.07.2025.