The court emphasized that the Permanent Lok-Adalat cannot pass orders in violation of statutory provisions, and the University Statute regarding attendance cannot be disregarded.

JUDGMENT

(Prayer: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to call for the records pertaining to the award dated 28.10.2022 passed in P.L.A.Case No.144 of 2022 on the file of Permanent Lok Adalat, Tirunelveli and set aside the same.)

1. The present revision petition has been filed by the first respondent in a Permanent Lok-Adalat Case No.144 of 2022 that was decided in Permanent Lak-Adalat on 28.10.2022.

2. The first respondent in the revision petition had initiated proceedings before the Permanent Lok-Adalat, Tirunelveli for a direction to the Manonmaniam Sundaranar University to release the certificates and for a further prayer as against the College to make amendments in the transfer certificate.

3. According to the learned counsel for the first respondent, his son had joined B.Sc.Chemistry in the petitioner College for the academic year 2017-2018. He had to complete the course in the academic year 2019-2020. Though the student had secured good marks in the first two years up to the 4th Semester, the College administration due to some personal animosity had not permitted the student to attend the 5th Semester Examination and the 6th Semester Examination which were due in the academic year 2019-2020. The College administration has issued a transfer certificate to the candidate with a remark that he had discontinued his course. The 5th and 6th Semester results of the student was withheld and therefore, the student were requested for releasing the result and issue a degree certificate.

4. The Controller of Examination of Manonmaniam Sundaranar University had filed a counter to the effect that the student had lacked attendance in the 5th Semester Examination and he had not even paid the tuition fee for the 6th Semester Examination. Since the student had not completed the course, naturally the College administration had issued a transfer certificate with an endorsement ''discontinued''.

5. The Permanent Lok-Adalat has passed an award directing the College Management and the University to permit the student to appear for the 5th Semester Examination as an arrear examination. The Lok-Adalat had further directed the University to publish the 6th Semester Examination result and issued a fresh transfer certificate without incorporating the word ''discontinued''. This order is under challenge in the present civil revision petition.

6. According to the learned counsel appearing for the revision petitioner, though the Permanent Lok-Adalath is empowered to pass orders on merits, the order could be passed only within the four corners of law. Where the students lacked attendance, the question of directing the University to permit the students to appear for examination would be clearly outside the scope of the powers of Permanent Lok-Adalat. He had further contended that the candidate had not even paid the fee for the 6th Semester Examination. Due to pandemic, the College was conducting on-line classes. The student had attended the said on-line classes for just 64 days and he attempted to write the examination. Since the exam application was received through on-line during pandemic, the candidate had also applied for the examination and he had appeared in the examination. In view of lack of attendance, the result of candidate was withheld. Therefore, withholding of the 6th Semester result is as per the University Statute. As far as the 5th Semester Examinations are concerned, the candidate lacked attendance and hence, he was not permitted to appear for the examination. The Permanent Lok-Adalat has no power to pass orders which are contrary to the University Statute. Therefore, he prayed for allowing the revision petition.

7. Per contra, the learned counsel for the student/candidate had contended that up to 4th Semester, he had secured very high marks. Only in the 5th and 6th Semesters, some dispute arose with the College administration and hence, he was not able to attend the classes in the 5th Semester