High Court Kerala High Court

Resmi.N.C. vs Calicut University on 31 October, 2008

Kerala High Court
Resmi.N.C. vs Calicut University on 31 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30606 of 2008(R)


1. RESMI.N.C., LAKSHMI HOUSE, PO.KANNIKULA-
                      ...  Petitioner

                        Vs



1. CALICUT UNIVERSITY,
                       ...       Respondent

2. CONTROLLER OF EXAMINATION,

                For Petitioner  :SRI.DEVAN RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :31/10/2008

 O R D E R
                            V.GIRI,J.
                      -------------------------
                 W.P ( C) No.30606 of 2008
                     --------------------------
             Dated this the 31st October, 2008

                       J U D G M E N T

Petitioner had prosecuted a B.Tech course from the

Institute of Engineering and Technology, University

Campus, Calicut. According to her, the marks awarded to

her in one of the papers in 4th Semester Examination was

inadequate and therefore she sought for revaluation of the

same. She was awarded only 59% marks. Therefore, she

sought for revaluation with a hope that additional one

mark would enable her to be treated as having passed out

in First Class. Later, after completion of the B.Tech

course, petitioner joined the Masters’ Degree in Anna

University in Chennai where she is continuing to

prosecute her studies. She sought for permission to

appear in the 4th semester examination again. This

request was rejected vide Exhibit P4 finding that

petitioner is already undergoing M.Tech course. This

writ petition was filed essentially seeking the following

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relief:

“a) Issue a writ of mandamus or other

appropriate writ, order or direction and direct

the respondents to revalue the answer sheets of

the petitioner in Engineering Mathematics

(EC2K 401), Pulse Circuit (EC2K 402), Electronic

Circuits (EC2K 404) and Micro Processors &

Micro Controllers (EC2K 405) of 4th semester

examination of B.Tech and publish the same

forthwith.”

2. A counter affidavit has been filed on behalf of

respondents. Paragraphs,3,4 and 5 of the said counter

affidavit reads as follows:

“3. It is submitted that the petitioner has
made an application for revaluation of 4 papers
of B.Tech IV Semester June 2005 examination
viz EC 2K 401, 402 404 and 405. The University
revalued the answer sheets of the petitioner
except EC 2K 401 and the results
communicated to the petitioner. It is submitted
that the revaluation in relation to the answer
script of EC 2K 401 could not be conducted by
the University since it could not be traced out
and this fact was intimated to the petitioner as
well.

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4. It is submitted that the petitioner was
an average student scored marks of 41, 33, 40
and 41 out of 100 respectively for the 4 papers
applied for revaluation. In 3 papers revalued
there is no change as well. The petitioner is
presently completed M.Tech course as well.

5. It is submitted that the relief sought
for by the petitioner to revalue the answer
scripts of the paper EC 2K 401 is not practically
possible since it could not be traced out. At this
belated stage the petitioner cannot seek
revaluation of the answer scripts and
publcation of the results since the mark list
already been published on 07/01/2006 and the
application for revaluation submitted on
12/01/2006. At this distance of time it could not
be practically possible for the University to trace
out the answer scripts and conduct revaluation.”

3. No doubt, the answer sheets in its entirety of any

student ought to be retained by the University at least for a

period of two years. But I am not inclined to further

proceed with this matter in circumstances where the

petitioner cannot be considered as seriously aggrieved by

the inability on the part of the University to revalue one of

her answer scripts. I also take note of the fact that the

petitioner had sought revaluation of four papers in the 4th

semester examination and in respect of three of the papers,

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the revaluation did not yield any improved marks for the

petitioner. Petitioner is prosecuting M.Tech course and

the difference of one mark, which she claims, will enable

her to be treated as having passed the B.Tech course in

First Class may not make much of difference either in the

prosecution of further studies or in her career. If the

petitioner has been consistent in performing well in all

other examinations and true to her claim she is also doing

well in M.Tech degree then it will always be open to her to

point out the lack of one mark in one of the papers as an

aberration for which she is not responsible. I am sure that

respondents authority/official/institution would view the

same with the seriousness and sincerity with which

petitioner advances her claim.

Subject to the above the writ petition is closed.

(V.GIRI,JUDGE)
ma

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