Kerala High Court
Anoop vs Mahatma Gandhi University 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.140 OF 2021(N)
PETITIONER :-
ANOOP, AGED 24 YEARS
S/O.JOHN ANANDARAJ, PUTHENVEEDU,
CHERUVARAKONAM, PARASSALA P.O.,
THIRUVANANTHAPURAM - 695 502.
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SRI.K.C.HARISH
RESPONDENTS :-
1 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS P.O., KOTTAYAM-686560.
2 REGISTRAR,
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS P.O., KOTTAYAM-686560.
3 CONTROLLER OF EXAMINATIONS,
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS P.O., KOTTAYAM-686560.
BY ADV. SRI.ASOK M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.140 OF 2021(N)
-: 2 :-
JUDGMENT
Dated this the 12th day of March, 2021
This writ petition is filed seeking the following reliefs :-
"i To issue a writ of mandamus or any other appropriate writ
order or direction to the respondents to award 22 marks
more for the revaluation by reckoning the answers for
questions Nos.3, 5, 8, 16, 17 and 20 and to reckon the
petitioner passed for Mechanics of Solids I in 3 rd semester by
securing 53 marks of B.Tech Civil Engineering from Rajeev
Gandhi Institute of Technology, Kottayam dehors the
revaluation score for such answers in Exhibit P5 within such
time fixed by this Hon'ble Court.
ii To issue a writ of certiorari or any other appropriate writ
order or direction to quash Exhibit P5 to the extent of score
sheet for answers to questions No.3, 5, 8 & 16 and substitute
the correct marks for answers to questions No.17 and 20."
2. Heard the learned counsel for the petitioner and the
learned Standing Counsel appearing for the respondent University.
3. It is submitted by the learned counsel for the petitioner
that the petitioner had successfully completed all other papers of the
B.Tech Civil Engineering course from Rajeev Gandhi Institute of
Technology, Kottayam during 2017-18. It is submitted that he did not
clear the paper Mechanics of Solids I, which is a 3 rd semester paper.
It is submitted that in the supplementary examination held in
December, 2018 he secured only 18 marks in the written examination.
He applied for revaluation. He got 31 marks in the revaluation. The
WP(C).No.140 OF 2021(N)
learned counsel for the petitioner has approached this Court
challenging the valuation.
4. A statement has been placed on record in the writ petition
on behalf of the respondents. It is submitted therein that as per
paragraph 1 of the minutes of the meeting of Semesters 3 and 5 of
B.Tech Degree examination held on 21.6.2019, a general moderation
of maximum 15 marks for each subject was decided to be awarded to
students securing 25 marks or more in the University examination in
a subject so as to get a pass minimum of 40 marks.
5. It is contended by the learned counsel for the petitioner
that since he had secured 31 marks in the revaluation, by adding the
moderation marks he would have passed in the written examination.
It is, therefore, contended that his request for a re-do of the internal
assessment is to be permitted so that he would have a chance to pass
in the paper and thus, save a year.
6. The learned Standing Counsel appearing for the
respondents submits that the petitioner has absolutely no right
whatsoever to claim a second revaluation in terms of the specific
provisions of the University Regulations. It is further contended by
the learned counsel for the respondents that the prayers sought for in
the writ petition are misconceived in view of the above Regulations.
However, the learned counsel for the petitioner would contend that
WP(C).No.140 OF 2021(N)
the provisions of the Regulations do not specify that the petitioner
should obtain the minimum pass marks in the complete examination
and that a chance for a re-do of the internal assessment by a
candidate who had secured the pass marks through moderation is in
any way interdicted by any of the Regulations.
7. Having considered the contentions advanced, I am of the
opinion that it is for the petitioner to approach the competent
authority in the University with a request for a re-do of his internal
assessment of the paper Mechanics of Solids I of the 3 rd semester of
B.Tech course, taking note of his contention that he would have
secured pass marks in the University examination if the moderation
were extended to him, because in revaluation his marks have been
raised as 31. In case the petitioner submits a request in the above
regard before the Vice Chancellor, appropriate decision shall be taken
thereon without delay.
The writ petition is, therefore, disposed of directing that in
case the petitioner submits a representation before the Vice
Chancellor forthwith seeking permission for an internal re-do, the
same will be considered by the Vice Chancellor, without delay, at any
rate within two weeks from today.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/12.3.2021
WP(C).No.140 OF 2021(N)
APPENDIX
PETITIONER'S 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 17/09/2020 OF
REVALUATION OF ANSWER BOOKS OF MECHANICS OF SOLIDS
I IN THIRD SEMESTER OF B. TECH CIVIL ENGINEERING
IN THE SUPPLEMENTARY EXAMINATION CONDUCTED IN
DECEMBER 2018.
EXHIBIT P3 TRUE COPY OF THE FORWARDING LETTER DATED
24/11/2020 FROM THE PUBLIC INFORMATION OFFICER OF
1ST RESPONDENT AS REGARD FURNISHING OF ANSWER
SCRIPT AND SCORE SHEET.
EXHIBIT P4 TRUE COPY OF THE SCORE SHEET OF ORIGINAL VALUATION
OF MECHANICS OF SOLIDS I IN WHICH PETITIONER
SECURED 18 MARKS.
EXHIBIT P5 TRUE COPY OF THE SCORE SHEET OF REVALUATION OF
MECHANICS OF SOLIDS I IN WHICH PETITIONER SECURED
31 MARKS.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 16/12/2020 IN WPC
NO.29128/2019.
