B.S. Verma, J.@mdashHeard learned Counsel for the parties and perused the record.
2. By means of this writ petition, the Petitioner has sought the following relief:
(i) A writ, order or direction in the nature of certiorari to quash the marks i.e. zero given by the Respondent No. 3 to the Petitioner in every quarter of the session of the final year of training.
(ii) A writ order or direction in the nature of mandamus commanding the Respondents to declare the result and issue the marksheet and certificate and to give the marks to the Petitioner in the final session of training on the basis of the rules about giving sessional marks.
(iii) Any other writ, order or direction which this Hon''ble Court may deem fit and proper in the facts and circumstances of the case.
(iv) Award cost of the petition.
3. Relevant facts, giving rise to the present writ petition, in brief are that the Petitioner took admission in two year Electronics Trade/course as regular trainee at Industrial Training Institute Almora ( for short I.T.I.) in the year 2005 and after completing the training of two years the Petitioner appeared in the final examination in the year 2 2007 with Roll No. 00817013. According to the Petitioner, due to death of his father in the month of January 2007 and thereafter on account of his illness, the Petitioner could not attend the training till 31-1-2007. The Petitioner was permitted to attend the training till February 2007, but since March 2007, he was not permitted to attend the classes. However, the Petitioner was permitted in the final examination after payment of entire fee as mentioned in paragraph 6 of the petition. The Petitioner was not awarded any Sessional marks and his admission was cancelled on the ground of continuous absence, hence the writ petition has been filed.
4. The grievance of the Petitioner is that despite permission granted to appear in the examination by the Joint Directror Training/I.T.I. Kumaun Region, Haldwani, no sessional marks have been awarded to the Petitioner, though the Petitioner had attended the classes for 2007 session.
5. During the course of arguments, learned Counsel for the Petitioner has submitted that the Respondents may be directed to consider the case of the Petitioner as per para No. 32 of the Appendix VIII of Training Manual for Inddustrial Training Institutes and Centres, which reads as under:
32. The sessional marks should be given by a committee consisting of the Principal and Group Instructor every quarter, and such marks should be announced to the trainees concerned from time to time. Those trainees who do not obtain the requisite percentage should be warned and their cases kept under close review. Such cases should be brought to the notice of the inspecting officer during their visits.
5. Considering the facts and circumstances of the case coupled with the submissions made by the learned Counsel for the Petitioner, I am of the view that the grievance of the Petitioner could be suitably redressed by the committee concerned as provided under para 32 of Appendix VIII aforesaid, who after hearing the Petitioner shall verify the fact as to how much time the Petitioner attended the classes during the quarters concerned for award of sessional marks.
6. Accordingly, the writ petition is disposed of with the direction that the committee consisting of Principal and Group Instructor concerned shall consider the case of the Petitioner afresh in the light of the guidelines and the rules including para 32 of Appendix III referred to above for award of sessional marks to the Petitioner within a period of eight weeks from the date of production of a certified copy of this order. Costs easy.
