Dismissed

Emmanuel A.G.S. v. the Secretary to Government

Madras HC11 May 2019WP(MD)/2649/2019

Case brief

AI extract

What is this about?

Writ petitions were dismissed. The Court rejected the claim that an out-of-syllabus question warranted extra marks, finding the petitioners guilty of laches. They failed to raise the objection before the Pre-Valuation Board meeting held after result declaration, rendering the plea time-barred.

What did the court decide?

Writ petitions dismissed. No costs. Connected miscellaneous petitions closed.

Emmanuel A.G.S. Vs the Secretary to Government — Education and Admissions | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.05.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)Nos.2649, 2650 and 2651 of 2019 and W.M.P.(MD)Nos.8975, 8976 and 8977 of 2019

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Emmanuel.A.G.S. ... Petitioner in W.P.(MD)No.2649 of 2019

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Allwin Pon Suthers A ... Petitioner in W.P.(MD)No.2650 of 2019

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Kanmani Mathana ... Petitioner in W.P.(MD)No.2651 of 2019

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Vs.

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1.The Secretary to Government, Higher Education Department, State of Tamilnadu, 9^th Floor, EVK Sampath Buildings, College Road, Chennai, Tamilnadu – 600 006.

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2.The Registrar, Anna University, Kotturpuram,

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Chennai – 600 025.

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3.The Controller of Examinations, Anna University, Sarder Patel Road, Old Highways Building,

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Guindy, Chennai – 600 025. ... Respondents in all

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W.Ps

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COMMON PRAYER: Writ petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned communication of 3^rd respondent in Letter No:COE/C10/2018 dated 03.12.2018 and quash the same as illegal and un-constitutional, consequently direct the respondents to award whole grace marks for the out of syllabus question No:13(b) and issue a new updated mark-statement after publishing the same in official website, within the time frame.

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(in all W.Ps) For Petitioners : Mr.S.Balamurugan

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https://hcservices.ecourts.gov.in/hcservices/ For R1 : No appearance

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For R2 and R3 : Mr.M.Rajarajan, Standing Counsel.

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C O M M O N O R D E R

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Heard the learned counsel on either side.

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The Writ petitioners after obtaining their Engineering degrees, joined Government College of Engineering, Tirunelveli, in the academic year 2017-18 to undergo M.E.(Engineering Design) course. It is a two years course. The second semester of the first year contains 6 Theory papers and 2 Practical examinations. The petitioners could not clear 1 Theory paper, namely, Integrated Mechanical Design.

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The examination for the said subject was held on 23.05.2018. According to the Writ petitioners, Question No.13.b from Part-B of the question paper was out of syllabus. This question carried 54 marks out of 100. Even though the Writ petitioners attended the said question “13.b”, they could not get the requisite marks for securing a pass. The petitioners applied for revaluation. But even then, the situation did not improve for them. The Writ petitioners submitted a representation on 03.09.2018 pointing this out. But in their representation, the Writ petitioners have taken the stand that not only the Question No.13.b, Question No.13.a was also framed out of syllabus. The petitioner's request was rejected vide communication dated 03.12.2018 by the Controller of Examinations. This communication is under challenge in these Writ petitions.

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On the side of the respondents, a detailed counter affidavit had been filed. Since the issue raised in these Writ petitions is having a technical bearing, this Court requested the respondents to depute an academician in the subject to assist the Court. Dr.G.Shibu, Professor, Dr.K.Raja, Professor and Dr.V.S.Chandra Sekar, Assistant Professor, were present before me to explain the issues involved.

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Two of the students were also present and fully participated in the proceedings.

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While the students would stick to their stand that the questions were framed out of syllabus, the professors would firmly assert that the questions are well within the syllabus. Dr.G.Shibu, Professor, placed on record a note given by Dr.Latha Nagendran, Professor and Director, AU-FRG Insitute for CAD CAM, Department of Mechanical Engineering, College of Engineering, Guindy, Anna University, Chennai. The said note reads as follows:-

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“13.b. A single-start square threaded

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https://hcservices.ecourts.gov.in/hcservices/ screw, of a screw jack used for lifting loads is to be designed. This is a power screw for

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which equations are available in the Data book. Screws from basic parts of any machine. The given screw dimensions can be determined from torque criterion and also buckling. The data for boundary condition is stated explicitly to determine the equivalent length in buckling. As the students have been provided with the arrangement of the power screw with the transmissions and motor, they are expected to apply the concepts picked up in Integrated Design and proceed. It cannot be considered as out of syllabus. It is only an application which the students have to use their design concepts to obtain dimensions.”

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In the very nature of things, the scope for judicial review is highly limited in cases such as this. In this case, this Court is not having the requisite academic or technical background to come to a decision. If there had been more time, this Court could have availed the assistance of an independent academic expert. But then, the issue on hand can be disposed of on a short ground. It is not in dispute that the examination in question was conducted on 23.05.2018. The results were announced on 29.06.2018. The representation from the Writ petitioners was received only on 03.09.2018. Thus, there was no complaint from the Writ petitioners herein about the questions having been framed out of syllabus before the declaration of results. Of course in the rejoinder, the petitioners would claim that they had taken up the issue with their Head of the Department on 30^th May, 2018 itself. But this claim is not made in the original affidavit filed in support of the Writ petitions.

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It is relevant to note that as many as 315 students appeared in this subject. Out of them 90 students have passed. The students are spread all over Tamil Nadu and underwent study in as many as 65 different institutions. But the complaint that the question No.13.b is out of syllabus has emanated only from the three petitioners herein. No other student or Department has made this complaint. If the complaint had been made within time, the issue would have been examined in the Pre-Valuation Board Meeting held on 08.06.2018. In fact such meetings are held only to resolve the issues such as this. If a complaint is not received before the holding of the PreValuation Board meeting, it cannot be examined later. In this case, the petitioners did not raise the complaint within time. They had been pursuing the remedy of revaluation. They did not at the first instance raise a claim that the question was framed out of syllabus and that therefore they must be awarded grace marks. The Writ petitioners are guilty of laches. The students pleaded that they were not aware of this procedure. But then, the ignorance of https://hcservices.ecourts.gov.in/hcservices/ procedure is no excuse. I therefore find no ground to interfere with the communication impugned in these Writ petitions.

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The Writ petitions stand dismissed, accordingly. No costs. Consequently, connected Miscellaneous petitions are closed.

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Sd/Vacation Officer // True Copy //

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Sub Assistant Registrar(CS)

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To
1. The Secretary, Higher Education Department, State of Tamilnadu, 9^thFloor, EVK Sampath Buildings, College Road,
Chennai, Tamilnadu – 600 006.
2.The Registrar,
Anna University, Kotturpuram, Chennai – 600 025.
3.The Controller of Examinations,
Anna University, Sarder Patel Road, Old Highways Building, Guindy, Chennai – 600 025.
+4cc to Mr.S.BALAMURUGAN,Advocate, SR.No. 65769
+2cc to Mr.M.Rajarajan, Advocate, SR.No. 65781
W.P.(MD)Nos.2649, 2650 and 2651 of 2019
11.05.2019
PMU
KK/SAR/13.05.2019/ 4P-10C

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https://hcservices.ecourts.gov.in/hcservices/

Emmanuel A.G.S. v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

Emmanuel A.G.S. v. the Secretary to Government

Case brief

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What did the court decide?

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