A university is directed to correct clerical errors in awarding marks and degrees if the mistake is admitted, even if the course's overall recognition is under judicial review, provided the final award is subject to the ultimate decision of the higher court.

Writ Petition has been filed under Article 226 of the Constitution of India directing the 1st respondent herein to re-evaluate the Dissertation submitted by the petitioner herein on 10.04.2023 and issue a marksheet based on the Dissertation submitted by the petitioner herein.

ORDER

This writ petition is filed for Mandamus directing the first respondent, namely, the Director, Directorate of Distance Education, Annamalai University, to re-evaluate the Dissertation submitted by the petitioner herein on 10.04.2023 and to award marksheet and consequently to declare the results of the petitioner and to award L.L.M.(Contracts including Mercantile Law) to the petitioner.

2. The case of the petitioner is that, the petitioner possesses a Bachelor’s Degree in Law. He is a practising Advocate, and he enrolled for the course L.L.M.(Contracts including Mercantile Law) at the first respondent-University in the year 2019 with the enrolment No.2581800066. The petitioner cleared his first two years and passed all the examinations conducted by the first respondent. While in the third year, the petitioner had two papers namely, “Law of Insurance and Carriage of Goods” and Dissertation. The petitioner has cleared the written examination of Law of Insurance and Carriage of Goods successfully and submitted the Dissertation on the topic of Privity of Contract on 04.08.2021 through registered post and the same was duly received by the first respondent. The first respondent issued a letter dated 15.12.2021 to the guide, who had assisted the petitioner in the preparation of the Dissertation and requested to re-evaluate the dissertation submitted by the petitioner. The guide had done the same and awarded the mark on 27.12.2021. However, the first respondent issued the mark list by granting marks only with reference to written examination and has marked the petitioner as absent with reference to the column relating to the dissertation examination. Hence, the said action is illegal. Considering the aspect that the dissertation has already been valued and marked, the petitioner has come by way of this writ petition.

3. When the matter was taken up for hearing, the learned counsel appearing on behalf of the first respondent-University would submit that it is true that the University has to consider the same and it will correct the mistake and award the due marks and also issue the consequential degree certificate to the petitioner.

4. The prayer is opposed by the learned counsel appearing on behalf of the first respondent University Grants Commission. It is stated that right from the year 2013, there was no recognition at all from the University Grants Commission for Annamalai University to conduct all these courses. As a matter of fact, the University Grants Commission had issued the UGC (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 and as per the Regulation 2(z), there is an express prohibition for conducting law courses through distance education mode. Thus, the first respondent-University has been running the courses without proper recognition and in any event, even the prohibition is applicable for the petitioner’s batch also. It is further stated that when, earlier the question regarding the very same University running various courses without recognition of the University Grants Commission in distance education m