High Court Kerala High Court

Kishor Kumar P.G. vs Kannur University on 17 June, 2009

Kerala High Court
Kishor Kumar P.G. vs Kannur University on 17 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7981 of 2008(A)


1. KISHOR KUMAR P.G., AGED 25 YEARS,
                      ...  Petitioner
2. MOHAMMED SUHAIL, AGED 24 YEARS,
3. MOHAMMED FAISAL M., AGED 24 YEARS,
4. MUKESH M., AGED 22 YEARS,

                        Vs



1. KANNUR UNIVERSITY,
                       ...       Respondent

2. CONTROLLER OF EXAMINATION,

3. THE PRINCIPAL,

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/06/2009

 O R D E R
                             S. Siri Jagan, J.
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                     W. P (C) No. 7981 of 2008
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                  Dated this, the 17th June, 2009.

                            J U D G M E N T

The petitioners have completed B.Tech degree course from

Government Engineering College, Kannur. They did not get pass

marks in some papers. In those subjects, their marks for internal

assessment were very low. As per the scheme of examinations of the

1st respondent- University, for the particular examination, no separate

minimum is prescribed either for internal examination or for external

examination. Total marks prescribed for internal examination is 50

and those for external examination is 100. But, a candidate for

passing the examination should score a minimum of 50% of the total

marks of 150. The petitioners requested for permitting them to

appear for improvement examination for the internal assessment

marks by undergoing the course for the subjects again. However,

since there were no clear cut guidelines in the matter issued by the

University, the request was not entertained and on some of the

petitioners approaching this Court, this Court by order dated 13-2-

2007 issued a direction to the 1st respondent to consider the prayer of

the petitioners in that writ petition. Accordingly, the Academic

Council of the University issued an order dated 9-11-2007 to the effect

that “students of B. Tech course of 2002 admission can improve their

internal assessment only by attending course/paper by registering in

the respective semester.” However, the college authorities did not

forward the application for improvement to the University for

registration on the reasoning that the University is proposing to issue

one more order on the subject. Thereafter, the University appears to

have issued another order clarifying that reappearance for

improvement of internal assessment marks is permitted only in the

case of subjects/papers for which a separate pass minimum is

prescribed for internal marks. The petitioners have altogether 59

W.P.C. No. 7981/2008. -: 2 :-

papers including laboratory works, out of which, there are no

University examinations for five subjects, namely, Seminar, Project,

Mini Project, 1st Lab and 2nd Lab. For the said five subjects, the

prescribed minimum marks for internal examination are 35 marks

out of 50. For the other 54 subjects, internal examination is a part of

the University examination. But no separate minimum marks are

prescribed for internal examination. Accordingly, the petitioners

were denied the right to improve their internal examination marks for

54 subjects, for which there is no prescribed minimum marks for

internal examination. It is under the above circumstances, the

petitioners have approached this Court seeking the following reliefs:

“(i) Issue a writ of certiorari to quash Ext. P3 modified order as
illegal and violative of Article 14 of the Constitution of India.

(ii) Issue a writ of mandamus directing the respondents to
permit the petitioners for improving any of their internal
assessment marks from the whole subjects.

(iii) Declare that University has no right to deny the opportunity
of the petitioners to improve the internal assessment marks from
any of their subjects.”

2. The learned standing counsel for the University argued in

support of the orders of the University restricting the right to appear

for improvement examination for internal assessment only for those

subjects for which a separate minimum for a pass is prescribed for

internal examination.

3. I have considered the rival contentions in detail.

4. It is not disputed before me by the counsel for the University

that in respect of these 54 subjects, no separate minimum marks are

prescribed for a pass either in the internal examination or in the

external examination. Only minimum marks for the total of both

internal and external examinations put together are prescribed. It is

also not disputed before me that a candidate who wish to improve the

marks for the external examination can write the improvement

W.P.C. No. 7981/2008. -: 3 :-

examination. As such, there is no logic in the orders of the University,

whereby the facility for appearance in improvement examination for

internal examination is restricted to only those subjects for which

separate minimum marks are prescribed for internal examination.

Even otherwise, there is no logic in that prescription. Improvement

examination is prescribed to enable a student to get higher marks for

the examination, which he has already passed. If that be so, the

prescription of facility for improvement examination only for those

subjects for which minimum marks are prescribed for a pass does

not have any relevance or logic. Therefore, I am of opinion that the

particular prescription is clearly arbitrary, unreasonable and

unsustainable. Accordingly, that prescription in Ext. P3 modified

order of the University is set aside. It is declared that the petitioners

are entitled to appear for improvement examination for the internal

examination also notwithstanding the fact that no separate minimum

is prescribed for pass om the internal examination. However, I make

it clear that for appearing for the improvement examination, they will

have to undergo the course in the particular subject for the semesters

again. The writ petition is allowed as above.

Sd/- S. Siri Jagan, Judge.

Tds/