Kerala High Court
Anusree Jayakumar K.P vs State Of Kerala on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.3430 OF 2021(C)
PETITIONERS:
1 ANUSREE JAYAKUMAR K.P.
AGED 21 YEARS
KIZHAKKINIPURAYIL, KANKOL P.O., PAYYANNUR VIA.,
KANNUR - 670 307.
2 NIMISHA BALAKRISHNAN P.
OLLACHERI HOUSE, KALLURI, AROLI P.O., KANNUR - 670
561.
BY ADVS.
SHRI.E.N.VISHNU NAMBOODIRI
SRI.P.REJINARK
SRI.NARAYANAN P POTTY
SRI.M.K.SASEENDRAN (MELEL)
SRI.P.SANKARAN NAMPOOTHIRI
SHRI.VINOD RAJKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 KANNUR UNIVERSITY
REPRESENTED BY ITS REGISTRAR, CIVIL STATION P.O.,
KANNUR - 670 002.
3 THE PRINCIPAL, LASYA COLLEGE OF FINE ARTS
PILATHARA, P.O.PILATHARA, KANNUR - 670 504.
R2 BY ADV. SRI.M.SASINDRAN
R3 BY ADV. SRI.B.PREMNATH (E)
R3 BY ADV. SRI.MANI GOVINDA MARAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-
03-2021, THE COURT ON 12-03-2021 DELIVERED THE FOLLOWING:
W.P.(C).No.3430/2021
2
JUDGMENT
Dated this the 12th day of March 2021
1. This writ petition is filed with the following prayers:
"i) Declare that issuance of Exhibits Al and A2 mark cards to
the petitioners for their BA Bharatanatyam degree declaring
them as not passed in Bharatanatyam practical, for want of one
mark in internal assessment is against law, equity and practice
and they have passed in their BA Bharatanatyam degree
course;
ii) Direct the respondents concerned to do the needful to issue
mark cards to the petitioners declaring them as passed in the
examination Bharatanatyam 6(P) which is now shown as failed
in Exhibit P1 and P2 mark cards within a very short time so as
to avoid prohibition for the petitioners to go for admission to
post graduate course in Bharatanatyam at Department of
Dance, Sarojini Naidu School of Arts and Communication,
functioning under the University of Hyderabad"
2. Heard the learned counsel for the petitioners, the
learned Government Pleader and the learned counsel for
respondents 2 and 3.
3. The petitioners contend that they were students of BA
Degree course Bharatanatyam in the 3rd respondent
institution. They faced their final year examination in the
W.P.(C).No.3430/2021
month of March 2020 and got mark sheets on 16.6.2020.
As per Exhibits P1 and P2. It is contended that the
petitioners failed in the course for want of one mark in
internal assessment or practical test. It is contended
that internal assessment is not a subject which is having
a well founded or well bounded definition or supported
by any Rule or guideline and is a subjective mode of
assessment. They submitted representation before the 2 nd
respondent, who directed conduct of a further internal
assessment which also, according to the petitioners, is
not proper. They seek a declaration that they have
passed the examination and are eligible for award of the
degree.
4. It is on the specific ground that they had not been given
a proper chance for an assessment of their overall
performance and that they have failed in the
examinations only for the shortage of one mark in the
internal assessment that the writ petition has been filed.
W.P.(C).No.3430/2021
5. A counter affidavit has been placed on record by the 3 rd
respondent which is the educational institution in which
the petitioners were studying. Paragraph 3 of the
affidavit reads as follows:-
"3. It is true that Exhibits P1 and P2 mark lists are issued by the
2nd respondent to the petitioners. But the averment that
petitioners have failed in the course for want of one mark in
intemal assessment which is also told as Viva or practical test, is
absolutely wrong. In fact, petitioners, as revealed from Exhibits
P1 and P2 mark lists, have passed in internal assessment for the
subject "Bharathanatyam Practical 6(P)" with "course code
No.6B14BHA'. But petitioners have failed in the external
examination, having scored just 37.5% marks out of the
minimum 40% marks required for passing the external
examination. In Exhibits P1 and P2 itself, it is noted that
"Eligibility criteria for pass: Appearance for internal and external
compulsory. Minimum 40% marks of total with separate 40% for
external". Therefore, the prayers in the writ petition cannot be
granted."
6. It is submitted that on the request submitted by the
petitioners before the college as well as the Vice
Chancellor, a special practical re-examination was
conducted for the petitioners by order dated 24.11.2020,
W.P.(C).No.3430/2021
which is produced as Exhibit R3(e). It is stated that
pursuant thereto, such a re-examination was also
conducted in which also the petitioners failed. It is
stated that this writ petition filed without disclosing
these facts is an abuse of process of court.
7. The 2nd respondent has also placed a statement on
record. The score cards of the petitioners are produced
and it is contended that the petitioners did not score 40%
in the End Semester Evaluation examination and that
they had submitted a complaint with regard to the same
before the Board of Adjudication of Students' Grievance.
8. Paragraph 3 of the statement reads as follows:-
"3. It is submitted that a special practical re-examination was
conducted for them on 17.12.2020 and the petitioner again failed
in the said examination as they scored only 7 marks out of 40. The
End Semester Evaluation and the revised marks were tabulated
and the results were published which were communicated the
petitioners, over phone with a direction to submit the final grade
cards for revising them by incorporating the supplementary results.
It is submitted that the petitioners failed in BA Bharathanatyam
Programme in the examination held in April 2020 for not want of
W.P.(C).No.3430/2021
one mark in the Internal Assessment as contended by them. As per
the Regulation governing the UG Programmes which is applicable
to the petitioners, a student securing "E' Grade with 40% of
aggregate mark and 40% separately for End Semester Evaluation
for each course shall be declared to have passed in that course.
The petitioners failed in 6B14BHA Bharathanatyam Practical of the
VIth Semester, as they were unable to score minimum 40% marks
in the End Semester Evaluation failed in the said course. There is
no pass minimum for internal assessment as per the Regulation.
True copies of the Grade Card in respect of the petitioners issued
by the 2nd respondent University are produced herewith and
marked as Annexure R2(a) and Annexure R2(b) respectively.
Therefore the contention of the petitioners that petitioners have
failed in the course for want of one mark in Internal Assessment is
absolutely incorrect and without any basis. It is submitted that both
the petitioners scored only 15 out of 40 for End Semester
Evaluation. In the Special Practical Examination also as they scored
only 7 out of 40 for the End Semester Evaluation. Therefore the
averment in the writ petition that due to want of one mark or 7
marks in their Internal Examination / Practical Examination they
would lose the admission to Post Graduate Course in
Bharathanatyam is absolutely incorrect and without any basis. As
contended earlier there is no pass minimum for Internal
Assessment as per the Regulation. The further contention of the
petitioner that the petitioners have acquired minimum 40% of total
with separate 40% for external is absolutely incorrect as the
petitioners did not score 40% in the End Semester Evaluation.
There is absolutely nothing wrong in Exts.P1 and P2. Since the
petitioners failed to score 40% in the End Semester Evaluation for
W.P.(C).No.3430/2021
6B14BHA Bharathanatyam Practical of the VIth Semester
Examination, the prayer sought for the in the writ petition to issue
mark card declaring them as passed in the examination is not
sustainable."
9. Having considered the contentions advanced, I find that
the petitioners, have not disclosed the correct facts while
approaching this Court. This writ petition was filed on
9.2.2021. It is apparent that pursuant to the orders
issued by the competent authority of the University, a
special re-examination was conducted on 17.12.2020, in
which also the petitioners failed to secure the qualifying
marks for a pass. It is apparent that the contentions
raised by the petitioners in this writ petition are also
factually incorrect. Since the petitioners had failed in
the end semester examination as well as the re-
examination conducted, the prayers sought for cannot be
granted.
The writ petition, therefore, fails and the same is,
accordingly, dismissed.
Sd/-
Anu Sivaraman, Judge
sj
W.P.(C).No.3430/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF MARK CARD ISSUED BY THE
2ND RESPONDENT TO THE 1ST PETITIONER
DATED 16/6/2020.
EXHIBIT P2 TRUE COPY OF MARK CARD ISSUED BY THE
2ND RESPONDENT TO THE 2ND PETITIONER
DATED 16/6/2020.
EXHIBIT P3 TRUE COPY OF INTIMATION RECEIVED FROM
UNIVERSITY OF HYDERABAD TO THE 1ST
PETITIONER DATED 6/11/2020.
EXHIBIT P4 TRUE COPY OF INTIMATION RECEIVED FROM
UNIVERSITY OF HYDERABAD TO THE 2ND
PETITIONER DATED 6/11/2020.
EXHIBIT P5 TRUE COPY OF PAPER REPORT OF NEW INDIAN
EXPRESS CONTAINING THE STATEMENT OF
EDUCATION MINISTER OF KERALA DATED
11/2/2020.
RESPONDENT'S EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE REQUEST OF THE
PETITIONERS TO THE 3RD RESPONDENT,
DATED 23/06/2020.
EXHIBIT R3(B) TRUE COPY OF THE COMPLAINT SUBMITTED TO
THE VICE CHANCELLOR OF THE 1ST
RESPONDENT BY THE PETITIONERS DATED
10/07/2020.
EXHIBIT R3(C) TRUE COPY OF THE LETTER NO. EXCII/3/BA-
BCA PRACTICALS/APRIL 2020 OF THE
EXAMINATION CONTROLLER, KANNUR
UNIVERSITY, DATED 04/08/2020.
EXHIBIT R3(D) TRUE COPY OF THE LETTER OF THE 3RD
RESPONDENT TO THE EXAMINATION
CONTROLLER OF THE 1ST RESPONDENT DATED
11/08/2020.
W.P.(C).No.3430/2021
EXHIBIT R3(E) TRUE COPY OF THE ORDER NO.
DSS/A4/2620/BASG/2018OF THE DIRECTOR OF
STUDENTS SERVICES,KANNUR UNIVERSITY,
DATED 24/11/2020.
EXHIBIT R3(F) TRUE COPY OF THE COMMUNICATION NO.
EXCII/3/BA-BCA PRACTICALS/APRIL 2020 OF
THE CONTROLLER OF EXAMINATIONS, DATED
15/12/2020, SCHEDULING THE PRACTICAL
EXAMINATIONS ON 17/12/2020.
EXHIBIT R3(G) TRUE COPY OF THE ORDER NO.
ACAD/C2/429/2017 OF THE ACADEMIC C
SECTION BY THE DEPUTY REGISTRAR (ACAD)
FOR THE REGISTRAR OF THE KANNUR
UNIVERSITY, DATED 27/12/2019.
ANNEXURE R2(A) TRUE COPY OF THE GRADE CARD IN RESPECT
OF THE 1ST PETITIONER ISSUED BY THE 2ND
RESPONDENT UNIVERSITY.
ANNEXURE R2(B) TRUE COPY OF THE GRADE CARD IN RESPECT
OF THE 2ND PETITIONER ISSUED BY THE 2ND
RESPONDENT UNIVERSITY.
True copy
PS to Judge
