JUDGMENT :

BIREN VAISHNAV, J.

1. This Letters Patent Appeal has been filed by the appellant who was the original petitioner before the learned Single Judge. By the oral order dated 18.3.2019, the learned Single Judge dismissed the petition holding that there is no explanation coming forth from the petitioner as to why the petitioner did not challenge the action of the university at the relevant time and has challenged the same after almost six years.

2. The prayer in the petition before the learned Single Judge reads as under:

“8(b) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent Gujarat University to immediately correct the mark-sheet of the petitioner of Semester -I and Semester – II by giving effect of the correct internal marks as per the record of the college.”

3. The facts in brief are as under:

3.1. The case of the petitioner – appellant before this Court was that he got admission in the Geology Department of the respondent No.3 – College. He appeared in Semester I examination in September, 2011 and in the second Semester in March, 2012. According to the petitioner, the college had sent the internal marks on time to the university. While making the result, the university awarded marks as per its own wish. According to the petitioner, instead of 22, 21, 21 and 21 marks in the internal examination, the university had through oversight given 12, 11, 11 and 11 marks respectively.

3.2. In the second Semester also, according to the petitioner, the University gave 12, 11, 11 and 11 marks instead of 22, 21, 21 and 21 respectively. The College had requested for a change on 23.8.2012. According to the petitioner, Semester III mark sheet was correct. Though the college wrote on 11.7.2018 for correction of the mark sheet of Semester 1 and 2, the petitioner was constrained to approach this Court, as the University did not correct the marks.

4. On perusal of the affidavit-in-reply filed before the learned Single Judge, the learned Single Judge by the judgment under challenge dismissed the petition.

5. On 29.7.2021, this Court had requested the counsel for the university to produce the original record relating to the internal marks forwarded by the college to the university and the 1st and 2nd semesters of 2011-12 examination of the appellant which we have perused. We have also perused the further affidavit filed on behalf of the Gujarat University dated 4.8.2021.

6. Mr. Sudhanshu Jha, learned counsel for the appellant would submit that the issue of correction of marks could not be said to be belated. After the letter dated 23.8.2012, the petitioner had repeatedly made representations in the year 2014, 2015, 2016 and in fact the college had in its letter dated 10.7.2018 reminded the Director of Examinations of the University for correction of marks in Semester 1 and 2. Mr. Jha would submit that in the internal marks which were displayed by the university, the discrepancy was well explained by the college in the letter.

7. Mr. S.N. Shelat, learned Senior Counsel assisted by Mr. Vikas V. Nair, learned advocate for the respondent – university drew the attention of the Court to the affidavit filed by it before the learned Single Judge as well as the further affidavit filed in this appeal. He would submit that the petitioner had appeared in the first semester examination for which a mark sheet was issued on 23.3.2012 wherein the appellant had been declared as failed. On a request made by the College in the year 2012, a fresh mark sheet for Semester I was issued on 24.7.2013 with the corrections, as requested. This exercise was undertaken as requested by the college for four other students also.

7.1. The appel