Kerala High Court
Geo Paul vs Controller Of Examinations on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.36203 OF 2015(A)
PETITIONER:
GEO PAUL, AGED 30 YEARS,
S/O.PAUL A.M., ALOOR HOUSE,
RESIDING AT ESTATE ROAD,GRACE LANE, PERAMANGALAM,
PINCODE - 680 545 THRISSUR TALUK, THRISSUR DISTRICT
AND KERALA STATE, INDIA.
BY ADVS.
SRI.JOSHI N.THOMAS
SRI.SYLVESTER ESMOND RAPHAEL
RESPONDENTS:
1 CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT,
MALAPPURAM DISTRICT, KERALA. PIN - 673 635.
2 UNIVERSITY OF CALICUT, P.O.UNIVERSITY OF CALICUT,
MALAPPURAM DISTRICT. KERALA PIN - 673 635
REPRESENTED BY ITS REGISTRAR.
3 THE VICE CHANCELLOR,
UNIVERSITY OF CALICUT, MALAPPURAM DISTRICT.
KERALA. PIN - 673 635.
R1 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
R1 BY ADV. SRI.SANTHOSH MATHEWSCCALICUTY UNIVERS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.36203 OF 2015 -2-
JUDGMENT
Dated this the 1st day of February 2021
This writ petition is filed by the petitioner challenging
Ext.P5, whereby improvement chance has been denied to
the petitioner.
2. There is no appearance on behalf of the
petitioner represented by Sri.Joshy N.Thomas and
Sri.Sylvester Raphel.
3. Learned Standing Counsel for the University
submitted that the petitioner was a student of 4th semester
of M.Sc. Chemistry (Regular) at St.Aloysius College,
Elthurth affiliated with the University of Calicut. The
result of the petitioner's first semester examinations was
published and to improve his grade, he had applied for
improvement examination and was directed to appear. On
the scheduled day of the improvement examination, he
was severely ill as had viral fever and after recovery from
the illness again applied for the improvement examination
but his application was rejected. Another request for
permitting another chance for improvement by registered
post dated 20.05.2015 was submitted but was replied only
on 04.06.2015 stating that no further chance for
improvement would be permitted.
4. The stand of the University is that no copy of the
medical certificate has been placed on record to establish
the illness. The petitioner could not avail another chance
owing to the alleged illness. Though, as per the applicable
Rules, it is optional for a student to complete two years
course within four years and three year course within six
years, it would not indicate that the student can appear for
improvement examinations until he/she is fully satisfied.
5. Improvement of a particular semester can be only
done once and not as per the whim and choice of the
student. Student can avail the improvement chance in the
succeeding year after the successful completion of the
semester. Examination is to be taken along with the next
regular junior batch. As far as the petitioner is concerned,
he attended the improvement exam in December, 2014 and
his result depicted "Appeared for improvement, but not
improved". There is no representation on behalf of the
petitioner. The Rule does not permit for improvement
examination and perhaps it is on that account petitioner is
not pursuing the matter or the stand of the University.
Writ petition is dismissed with a rider that in case
something survives in the writ petition, liberty is granted
to revive the writ petition.
Sd/-
AMIT RAWAL
JUDGE
vv
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE ORDER AND RULES AND
REGULATIONS PUBLISHED BY THE RESPONDENTS
(U.O.NO.3828/13/14)
EXHIBIT P2 REPRESENTATION MADE TO FIRST RESPONDENT
EXHIBIT P3 POSTAL RECEIPT DATED 30.5.2015
EXHIBIT P4 COPY OF THE ACKNOWLEDGEMENT
EXHIBIT P5 COPY OF REPLY ISSUED BY FIRST RESPONDENT
