IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13960 of 2007(J)
1. VIDYA VIJAYAN, D/O. K.VIJAYAN,
... Petitioner
Vs
1. THE UNIVERSITY OF KERALA,
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
3. THE PRINCIPAL,
For Petitioner :SRI.R.ANILKUMAR
For Respondent :SRI.M.RAJAGOPALAN NAIR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/06/2007
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)NO.13960 OF 2007
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DATED THIS THE 14th DAY OF JUNE, 2007
JUDGMENT
The petitioner is a student of the KTCT College, who was written
B.Ed examination in 2006. She is aggrieved by the reduction of her
internal marks by the University. According to the petitioner, internal
marks cannot be reduced by the University.
2. The learned counsel for the standing counsel appearing for
the University submits that in order to standardise the marks of the
petitioner, the marks scored in internal assessment has been
proportionately reduced on the basis of marks obtained by the
petitioner in the university Examination.
3. Identical question was considered by me in W.P.(c)
Nos.20563/06,21966/06 and 22479/06, in which I had held as follows:
“I have considered the contentions of both sides.
The University is a creature of the University Act.
Their actions are circumscribed by the provisions of
the Act, Statutes and Ordinance framed under the Act.
Without there being any provision in the Act, Statutes
or Ordinance no power can be conceded to the
University to reduce the internal marks awarded by
the teachers, who had first hand knowledge of the
performance of the students during teaching practice,
which is the basis for award of internal marks.
Therefore, I am afraid that the University cannot under
law reduce the marks so awarded. I also feel that
just because the particular students have got low
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marks in the theory papers that does not
automatically mean that the marks awarded by the
college on internal assessment have to be
proportionately reduced. The internal marks are
awarded not on the basis of the performance of the
students in any written examination. This is
awarded based on the ability of the students to put
the theory in to practice, by observing the students
during the teaching practice classes. Elaborate
procedure is also prescribed by the University for
award of such internal marks in Ext.P2 curriculam
for B.Ed course issued for the purpose. That being
so, the performance in the theory papers cannot be
a yardstick for the purpose of standardisation of
internal assessment marks, especially when there is
no provision authorising the University to do so. As
such, I am satisfied that the University had no right
to reduce the internal marks of the petitioners in
these writ petitions. Therefore, there would be a
direction to respondents 1 and 2 to reconsider the
results of the petitioners, review the same taking
into account the full internal marks awarded to
them by the concerned teachers of their colleges
and publish their results afresh by completing the
said process. This shall be done within a period of
two weeks from the date of receipt of a copy of this
judgment.”
4. The situation in this case being identical the above
decision squarely applies to the present case. Accordingly, I direct
respondents 1 and 2 to reconsider the results of the petitioner,
review the same taking into account the full internal marks awarded
to him by the concerned teachers of her College and publish her
results afresh by completing the said process. This shall be done
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within a period of two weeks from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
Acd
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