Petitioner challenged non-declaration of revaluation results due to missing answer script. Court held University regulation governs such loss. Petition disposed with reference to original marks and offer of re-examination.
Petitioner granted original marks or fee remitted and offered chance for another examination.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933
WP(C).No. 30611 of 2011(B)
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PETITIONER(S):
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D.SANIL KUMAR, AGED 43 YEARS, S/O.DAVID, 'MARYVILASAM', SINKARAPPALLY, KODUVILA P.O., EAST KALLADA, KOLLAM DISTRICT.
(FORMALLY STUDYING FOR BA(SOCIOLOGY), REG.NO.72818 E. UNDER LIBERALIZED SCHEME/ DISTANCE EDUCATION).
BY ADV. SMT.G.VIDYA
RESPONDENT(S):
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1. CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, THENHIPPALAM P.O., MALAPPURAM DISTRICT - 673 635.
2. THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY, UNIVERSITY CAMPUS, THENHIPPALAM P.O., MALAPPURAM DISTRICT - 673 635.
3. THE CHIEF SUPERINTENDENT OF EXAMINATIONS, GOVERNMENT TAMIL HIGH SCHOOL, CHALA, THIRUVANANTHAPURAM - 695 001.
R1 & R2 BY ADV. SRI. SANTHOSH MATHEW, SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.30611/2011 B
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE HALL TICKET ISSUED TO THE PETITIONER.
EXT.P3 : TRUE COPY OF APPLICATION FOR REVALUATION DTD.10.12.2008.
EXT.P5 : TRUE COPY OF REPLY GIVEN BY 2ND RESPONDENT DTD.31.3.2011.
EXT.P8 : TRUE COPY OF REQUEST TO 2ND RESPONDENT DTD.28.6.2011.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
ANTONY DOMINIC, J.
W.P.(C) No. 30611 OF 2011
Dated this the 7th day of December, 2011
J U D G M E N T
Petitioner was a student of B.A.(Sociology) under the Liberalized Scheme/Distance Education conducted by the first respondent. In 2008 he appeared for the examination and failed in English Part I. On declaration of results the petitioner submitted an application on 10.12.2008 for revaluation and the revaluation results of papers I and III were intimated. However, in so far as paper No.II is concerned, the result was not declared. Now by Ext.P9 he is informed that the answer script of Paper-II could not be traced out. Thereupon this writ petition has been filed seeking a direction to the University to trace out the answer sheet and to declare his results.
W.P.(C) No. 30611 OF 2011 :2 :
instructions were obtained and it is submitted that the answer paper is still not traceable. Though this state of affairs prevailing in the University is quite disturbing particularly for the reason that the University could not even fix responsibility on the person concerned for the lapse, still the fact remains that Regulations have been framed by the University to take care of such kind of situation also. This regulation reads thus:
“In the event of answer scripts required for revaluation/scrutiny not becoming available for any reason, the original valuation will be treated as final and the fee remitted in such cases will be refunded.”
can only be granted the marks which were originally awarded. I also record the submissions of the learned Standing Counsel that the University will grant another
W.P.(C) No. 30611 OF 2011
:3 :
opportunity to the petitioner as offered in Ext.P9 and if the petitioner is desirous, he can appear for the said examination as well.
The writ petition is disposed of accordingly.
Sd/- ANTONY DOMINIC, JUDGE
ul/[true copy]
P.S. to Judge
2 issues framed by the court
Whether directions could be issued to trace a missing answer script in a university exam
Whether the petitioner can claim original marks or be remitted fees when scripts are unavailable
D.SANIL KUMAR
CALICUT UNIVERSITY
THE CONTROLLER OF EXAMINATIONS
THE CHIEF SUPERINTENDENT OF EXAMINATIONS
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
