The High Court allowed the petitioner to write the failed written examination based on moderation and, upon passing, redo the internal examinations, overriding a specific university rule to his benefit.
Directed the university to notify and allow the petitioner to write the written examination and subsequently redo internal examinations.
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 DEVAN RAMACHANDRAN
MONDAY, THE 29 T H DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WP(C) NO. 8563 OF 2022
PETITIONER:
ANOOP, AGED 24, S/O.JOHN ANANDARAJ, PUTHENVEEDU, CHERUVARAKONAM, PARASSALA P.O., THIRUVANANTHAPURAM-695 502.
BY ADVS.R.T.PRADEEP M.BINDUDAS K.C.HARISH
RESPONDENTS:
BY ADV. SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIO N ON 29.08.2022, THE COURT ON T HE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is part of the 2018 Batch of the B.Tech Civil Engineering Course in the “Rajeev Gandhi Institute of Technology”, Kottayam – which is a Government Engineering College affiliated to the Mahatma Gandhi University ('M.G.University', for short).
respect to his internal examinations also; and therefore, prays that M.G.University be directed to grant him eligible moderation marks to his written examination, so that he will pass the same, thus being eligible to redo the internal examinations.
the petitioner, submitted that, since his client is entitled to moderation marks - thus being eligible to
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have written examinations declared as having been passed, he would automatically get the opportunity of redoing the internal examinations; but that Clause 8.5 (2.5) of Chapter VIII of the Examination Manual of the M.G.University causes hindrance, because it says that a person who passes the written examinations on the basis of moderation cannot be allowed to redo the
internal examinations. He thus prayed that his client be ordered to be afforded the benefit of moderation and the consequent further opportunity of redoing the internal examinations by the M.G.University, within a time frame to be fixed by this Court.
Standing Counsel for the M.G.University – Sri.Surin George Ipe, submitted that no candidate can be allowed
to redo the internal examinations based on a written examination cleared solely on the strength of moderation. He added that, in any event, the petitioner cannot get any benefit in this writ petition, because he has already written the second supplementary examination; in which, he has only
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scored five marks.
Ipe added that, as a matter of fairness and without construing it as a precedent, the M.G.University is willing to grant one more opportunity to the petitioner to clear the examination and to do the internal evaluation of the paper in question, if he is so interested. He submitted that he leaves it to this Court to grant such an opportunity to the petitioner.
Resultantly, I order this writ petition,
directing the competent Authority of the
M.G.University to notify and allow the petitioner to write the examination of the paper in question, as
also to do the internal examination; for which purpose, all necessary steps shall be taken within a period of one month from the date of receipt of a copy of this judgment.
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Needless to say, if the petitioner is able to
qualify the written examination, then he will be allowed to do the internal examination; for which, necessary measures will be taken by the M.G.University in the College in question, so that he can complete it and hope to pass in the examination.
The afore shall be endeavored to be completed by the M.G.University within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
akv
DEVAN RAMACHANDRAN JUDGE
WP(C) NO. 8563 OF 2022
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APPENDIX OF WP(C) 8563/2022
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE RESULT SHEET OF MECHANICS OF SOLIDS I IN THE THIRD SEMESTER B.TECH SUPPLEMENTARY EXAMINATION DECEMBER 2018 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE MEMO DATED 17.9.2020 OF REVALUATION OF ANSWER BOOK OF MECHANICS OF SOLIDS IN IN THIRD SEMESTER OF B.TECH CIVIL ENGINEERING IN THE SUPPLEMENTARY EXAMINATION CONDUCTED IN DECEMBER 2018 |
| EXHIBIT P3 | TRUE COPY OF THE STATEMENT DATED 27.1.2021 IN WPC NO.140/2021 |
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT DATED 12.3.2021 IN WPC NO.140/2021 |
| EXHIBIT P5 | TRUE COPY OF THE REPRESENTATION DATED 12.4.2021 SUBMITTED BEFORE THE VICE CHANCELLOR ,MAHATMA GANDHI UNIVERSITY |
| EXHIBIT P6 | TRUE COPY OF THE ORDER DATED 9.9.2021 IN IA NO.1/2021 IN WPC NO.140/2021 |
| EXHIBIT P7 | TRUE COPY OF THE MEMO DATED 29.10.2021 ISSUED BY THE VICE CHANCELLOR |
2 issues framed by the court
Whether the petitioner, who failed written exams and internal assessments, should be allowed to give written exams on moderation and subsequently redo internal exams.
Whether the university's Examination Manual clause barring internal exam redemption via moderated written exam results can be modified.
Anoop
Mahatma Gandhi University
Registrar, Mahatma Gandhi University
Vice Chancellor, Mahatma Gandhi University
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
