Petitioners sought direction to assign marks for out-of-syllabus questions. The court closed the petition for lack of material proving the questions were treated so and marking withheld.
The writ petition is closed with reservation of rights after the petitioners obtain necessary materials.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 13TH DAY OF OCTOBER 2016/21ST ASWINA, 1938
WP(C).No. 13569 of 2016 (U)
PETITIONER(S):
1. SUDHEER.T.S., AGED 46, S/O.SEKHARAN, THANDIYEKAL HOUSE, CHAZHUR, THRISSUR.
2. SIJU K.T., AGED 35, S/O.K.P.THANKAPPAN, KIZHAKKEKARA HOUSE, MANAKADU,
THODUPUZHA.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
1. THE UNIVERSITY OF CALICUT, REPRESENTED BY ITS VICE CHANCELLOR, THENJIPALAM, MALAPPURAM DISTRICT, PIN-673 001.
2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, THENJIPALAM, MALAPPURAM DISTRICT, PIN-673 001.
3. THE GOVERNMENT ENGINEERING COLLEGE, REPRESENTED BY THE PRINCIPAL, CHERUR P.O., THISSUR-680 001.
4. THE HEAD OF THE DEPARTMENT DEPARTMENT OF MATHEMATICS ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, THISSUR-680 001.
R1 & R2 BY ADV. SRI.P.C.SASIDHARAN, SC R3 & R4 BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 13569 of 2016 (U)
APPENDIX
PETITIONER(S)' EXHIBITS:
P1 : A TRUE COPY OF THE APPLICATION OF THE PETITIONERS TO THE SECOND RESPONDENT DATED NIL
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S. TO JUDGE
mbr/
A.M. SHAFFIQUE, J.
=============== W.P. (C) No. 13569 of 2016
==================
Dated this, the 13th day of October, 2016
J U D G M E N T
Petitioners had approached this Court inter alia seeking for the
following relief:-
“i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to assign the 13 marks in terms and what is recommended in Ext.P1 in the interest of justice.”
W.P(C) No.13569/16
-:2:-
commenced on 24/11/2015 and the complaint was received only on 9/12/2015, that is after two months of the examination. In other words, no decision had been taken by the University not to evaluate any of the answers to the questions. The petitioners have not produced any material to indicate that the two questions in the aforesaid examination were treated as out of syllabus and no marks had been awarded for the same. No material is produced to show that petitioners had obtained copies of the answer sheets and they have not even applied for re-evaluation.
Under such circumstances, reserving right of the petitioners to approach this Court after obtaining necessary materials, this writ petition is closed.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp13/10/2016
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the writ petition should be disposed of given the lack of material indicating that out-of-syllabus questions were treated as such.
Sudheer.T.S.
Siju K.T.
The University of Calicut
The Controller of Examinations, University of Calicut
The Government Engineering College
The Head of the Department
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
