Merin Elizabeth vs State Of Kerala
2021 Latest Caselaw 9031 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                       WP(C).No.3568 OF 2021(U)


PETITIONER:

               MERIN ELIZABETH
               AGED 27 YEARS,
               W/O.SONU EAPEN, RESIDING AT KANATHARAMANNIL,
               CHUNAKKARA P.O., CHUNAKKARA NORTH, ALAPPUZHA-690 534,
               NOW RESIDING AT ANGADIPATTUPARAMBIL, VENNIKULAM P.O.,
               THIRUVALLA, PATHANAMTHITTA-689 544

               BY ADVS.
               SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
               SRI.A.R.DILEEP
               SRI.P.J.JOE PAUL
               SRI.MANU SRINATH
               SRI.RAJAN G. GEORGE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
               HIGHER EDUCATION, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      2        MAHATMA GANDHI UNIVERSITY,
               PRIYADARSHINI HILLS P.O., KOTTAYAM-686 560,
               REPRESENTED BY ITS REGISTRAR

      3        CONTROLER OF EXAMINATIONS,
               MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O.,
               KOTTAYAM-686 560

               SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3568 OF 2021

                                         2


                                 JUDGMENT

Dated this the 18th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) issue a writ in the nature of mandamus or any other writ, direction or order directing the 3rd respondent to carry out a second revaluation under Regulation 14(2) of the Mahatma Gandhi University Regulations relating to Revaluation and Scrutiny of Answer Scripts, 2012 of the answer script of the petitioner in the subject of 'Quantitative Techniques' in the examination held in December, 2019 as part of the 1 st semester in the post graduate degree course of Master of Commerce in the batch of 2018-2020;

ii) issue a writ in the nature of mandamus or any other writ, direction or order directing the 3rd respondent to consider and pass orders on Ext.P6 within such time as may be fixed by this Honourable Court"

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 was an M.Com. student of the 2018-2020 batch in a college

affiliated to the 2nd respondent University. She had failed in the paper

'Quantitative Techniques' in the 1st semester and had submitted an

application for revaluation. It is stated that the petitioner's marks had

been improved after the revaluation, but the petitioner had submitted

Ext.P6 representation seeking a 2nd revaluation and scrutiny in the WP(C).No.3568 OF 2021

presence of the petitioner.

4. The learned counsel for the respondents submits that there is no

provision for a 2nd revaluation or a scrutiny. However, since Ext.P6

representation has been submitted by the petitioner, the same will be

considered by the appropriate authority of the University in

accordance with law. It is submitted that Ext.P6 representation can be

placed before the Vice Chancellor of the University, who will consider

the same and pass an appropriate order.

5. Having considered the contentions advanced, I am of the opinion

that the writ petition can be disposed of directing a consideration of

Ext.P6. There will, accordingly, be a direction that Ext.P6 shall be

placed by the 3rd respondent before the Vice Chancellor of the

University, who shall take an appropriate decision in the matter

within a period of four weeks from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3568 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RESULTS AS MADE AVAILABLE ONLINE

EXHIBIT P2 A TRUE COPY OF THE GRADE CARD DATED 30.01.2020 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE E-MAIL DATED 17.07.2020 SENT BY THE 2ND RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE PRESS RELEASE FROM THE OFFICIAL WEBSITE OF THE OFFICE OF THE CHIEF MINISTER OF KERALA (RELEVANT PAGES)

EXHIBIT P5 A TRUE COPY OF THE MEMO DATED 13.11.2020

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 21.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P7 A TRUE COPY OF THE POSTAL RECEIPT DATED 21.11.2020

EXHIBIT P8 A TRUE COPY OF THE POSTAL TRACKING DETAILS

RESPONDENT'S/S EXHIBITS: NIL