BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06/11/2009
CORAM
THE HONOURABLE MR. JUSTICE D.MURUGESAN
WRIT PETITION (MD) No.5462 of 2005
Dr.Reshmi .. Petitioner
vs.
1.The Controller of Examinations,
Mother Teresa Women's University,
Kodaikanal,
Tamil Nadu.
2.The Director,
School of Distance Education,
Mother Teresa Women's University,
Kodaikanal,
Tamil Nadu. .. Respondents
Writ Petition under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus to call for the records relating to the
proceedings dated 6.12.2004 on the file of the Controller of Examination, Mother
Teresa Women's University, Kodaikanal, the first respondent herein and quash the
same and consequently, direct the respondents to declare the results of the
petitioner for the paper MC 13 Feminism and Women's Movement of M.Phil Mass
Communication Course as completed successfully.
!For petitioner ... Mr.C.Gunasekaran
for M/s.Suresh Kumar Isaac Paul
^For respondents ... Mrs.Muthulakshmi
for M/s.R.Janakiramulu
:ORDER
The petitioner has completed his Master Degree in Psychotherapy, first
class with distinction and Doctorate thereon. She is a teaching faculty in Anna
University, College of Engineering, Guindy, handling Post Graduation Courses.
She had joined M.Phil (Mass Communication) Course in the Distance Education mode
of the respondent University in the academic year 2003-2004. The said course
carries three papers viz., MC 001 – Research Methodology, MC0 002 – Women and
Media, and MC 003 – Feminism and Women’s Movement and each paper carries 100
marks (internal 25 plus, external 75). On completion of the course, the
petitioner appeared for the examinations conducted some time during April, 2004
and she was issued with Statement of Marks on the basis of the results published
on 15.9.2004. The following are the marks awarded.
STATEMENT OF MARKS
Name of the candidate Register No.
MPMC 2003-011
K.Reshmi Date of Exam.Month
&
Result
Year
15.9.2004 MAY 2004
Sub Subject Title Max.Marks Marks Scored RES M YR
Code I E T I E T
RMC 11 Research 25 75 100 20 47 67 P M 04
Methodology
RMC 12 Women and Media 25 75 100 20 45 65 P M 04
RMC 13 Feminism and 25 75 100 22 33 55 F M 04
Women’s Movement
Any alteration or overwriting invalidates this Statement of
Marks.
Passing Minimum:
Kodaikanal - 624 102 Sd/-
Date : 06.12.2004 Controller of Examinations
Mother Teresa Women's
University,
Kodaikanal
...
2. She was declared failed in the subject of Feminism and Women’s Movement
and she secured only 33 marks out of 75, which does not represent 50% of 75.
3. The petitioner questions the declaration that the petitioner has failed
in the said subject on the ground that when both the internal and external marks
are put together, she has secured more than 50%, i.e. 22 marks internal and 33
marks in external.
4. I have heard Mr.C.Gunasekaran,learned counsel appearing for the
petitioner and Mrs.C.Muthulakshmi, learned counsel appearing for the
respondents.
5. The prospectus under which qualifications and eligibility norms were
prescribed, stipulated following the condition for the conduct of examination.
“EXAMINATIONS
Examination will be conducted in May/June. Passing minimum for each
subject is 50 marks for Post-Graduate, P.G.Diploma and M.Phil Course and 40
marks for Under Graduate Courses. Examination will be conducted for a duration
of 3 hours.”
6. The said paragraph reveals, all that is required for passing each
subject is 50 marks for M.Phil Courses. The prospectus does not indicate that,
in order to get a pass, one must get 50% both internal and external
examinations.
7. However, learned appearing for the respondents would submit, by that
clause, it should be held that 50% in internal and external examinations
separately and that is what indicated in the Statement of Marks dated 5.1.2009
issued to the petitioner at a later date.
8. In my opinion, the said contention cannot be accepted. The petitioner
was issued with Statement of Marks dated 6.12.2004 immediately after the
publication of results on 15.9.2004. That Statement of Marks does not indicate
anything of compulsion for a candidate to get 50% of marks in internal as well
as external examinations separately. However, when the petitioner had made
certain representations to the respondents, he was issued with another statement
of Marks dated 5.1.2005 and in that Certificate, he was informed that 50% of
marks should have been obtained in internal as well as external examinations
separately. That entry is an addition and afterthought. That apart, the
prospectus does not indicate any such compulsion for a candidate, in order to
get a pass, one must secure 50% of marks separately in internal as well as
external examinations.
9. Of course, the Court would be slow to interfere with the academic
matters as it is the ultimate decision of the policy making authority to
regulate educational system including the conduct of examination to prescribe
the minimum marks for a pass. However, when the prospectus, which governs both
the candidate as well as the institution does not indicate any prescription as
to the minimum of 50% of marks both in internal and external separately, the
interpretation sought to be given by the respondent university requiring 50% of
marks separately both in internal and external examination cannot be accepted.
Of course, it is for the respondent University to prescribe such a qualification
in the prospectus and in which event, this Court would not involve. In the
absence of any specific prescription, particularly, when the prospectus states
that in order to get a pass, a candidate must get 50% of marks in the subject,
the petitioner is entitled to be declared as having passed in Feminism and
Women’s Movement as she has secured 55 marks put together both internal and
external examinations.
10. Accordingly, the Writ Petition is allowed. Only to that extent, the
petitioner will be entitled to have a declaration as a pass in the subject. No
order as to costs.
asvm
To
1.The Controller of Examinations,
Mother Teresa Women’s University,
Kodaikanal,
Tamil Nadu.
2.The Director,
School of Distance Education,
Mother Teresa Women’s University,
Kodaikanal,
Tamil Nadu.