Kerala High Court
Irene Elizabeth Biju vs Mahatma Gandhi University - ... on 1 October, 2021
W. A. No. 1242 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WA NO. 1242 OF 2021
AGAINST THE JUDGMENT IN WP(C) 17359/2021 OF HIGH COURT OF
KERALA, ERNAKULAM
APPELLANT/S:
IRENE ELIZABETH BIJU
AGED 21 YEARS
D/O.BIJU JOSEPH, MUKALEL,
MANNANAM.P.O, KOTTAYAM-686561.
BY ADVS.
MOHAN JACOB GEORGE
P.V.PARVATHY (P-41)
REENA THOMAS
NIGI GEORGE
RESPONDENT/S:
1 MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS,
KOTTAYAM-686001, REPRESENTED BY ITS REGISTRAR.
2 REGISTRAR, M.G.UNIVERSITY,
PRIYADARSINI HILLS, KOTTAYAM-686001.
3 THE CONTROLLER OF EXAMINATION
MAHATMA GANDHI UNIVERSITY, OFFICE OF THE CONTROLLER
OF EXAMINATIONS,
M.G.UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM-686001.
OTHER PRESENT:
SRI. SURIN GEORGE IPE, SC FOR RESPONDENTS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. A. No. 1242 of 2021 -2-
JUDGMENT
S. Manikumar, C. J.
On 29.09.2021, we passed the following orders:-
"Instant appeal is filed being aggrieved by the judgment
in W.P.(C)No.17239 of 2021 dated 01.09.2021, which has been
filed for revaluation of the answer paper of the petitioner in the
subject "Complex Analysis" for the 6th Semester B.Sc.
Mathematics, submitted on 18.08.2021, within a short time limit
as prescribed by the court.
2. After considering the submission of the learned
counsel for the University, that the Regulations envisage
revaluation within a period of 60 days and that the same shall be
done as early as possible, writ court, vide judgment in W.P.
(C)No.17359 of 2021 dated 01.09.2021, ordered thus:
"The submission of an application for
revaluation within time frame and declaration of the
result are not in dispute. The only dispute now to be
considered is whether the University can do the
revaluation in a shortest span of time or within the time
prescribed in the regulation. Since COVID -19
pandemic in the State of Kerala at its peak, I dispose of
the writ petition with a hope that the respondents will
make an endevour to re-valuate the paper of 'Complex-
Analysis' in which the petitioner has failed, as early as
possible."
3. Being aggrieved, instant writ appeal is filed inter alia
contending that the learned single Judge has failed to note that
the results of the final year examinations were published within
one month by the University inspite of the pandemic.
Revaluation results are generally delayed by the University and
this was a constant feature happening over several years. The
Government have relaxed the restrictions imposed on public
offices and more or less the situation has come back to normalcy.
The results were published for the final year examination during
the peak time of the pandemic and after the petitioner had applied
for revaluation the pandemic situation had become better and
most of the restrictions stood relaxed.
4. It is further contended that the learned single Judge
has failed to exercise the discretion in an improper and perverse
manner and thus failed to issue any directions to the respondents
to complete revaluation within a stipulated time.
5. Mr. Surin George Ipe, learned standing counsel for the
University submitted that he will get appropriate instructions."
2. Pursuant to the above, a statement on behalf of respondents
dated 30.09.2021, is filed. which reads thus:-
"2. It is submitted that the result of 6 th semester Choice
based credit semester system (CBCSS) UG programmes was
declared on 17-08-2021 and the last date prescribed for receipt of
applications for revaluation was 1-09-2021. Altogether a total
number of 2910 applications were received for revaluation of
answer scripts in various programmes of the 6 semester
examinations. In the said circumstances considering the large
volume of applications for revaluation, a Special Revaluation
Camp has already been constituted to process the applications
and complete the process in a time bound manner. The University
is striving hard, in spite of the restrictions imposed by the
pandemic, to complete the process within the time frame
prescribed in the Mahatma Gandhi University Regulations
relating to Revaluation and Scrutiny of Answer Scripts."
3. University has issued a notification dated 07.07.2012,
'Regulations relating to Revaluation and Scrutiny of Answer Scripts'.
Clause 6 of the Regulations speaks about the time limit for submitting
application, which reads thus:-
"1. Applications for Revaluation and Scrutiny shall be
submitted to the Controller of Examinations within 15 days from
the date of publication of the results of the examination.
2. Applications received after the last date fixed shall
not be entertained. The last date does not mean the last date of
remitting the fee for revaluation / scrutiny but for submitting it to
the University office."
4. Clause 9 of the Regulations deals with the method and time
limit for publishing the results of the revaluation and scrutiny, which
reads thus:-
"1. The results of revaluation and scrutiny shall be
announced within a maximum period of 60 (sixty) days from the
last date prescribed for the receipt of applications."
4. Though Mahatma Gandhi University has contended that 2900
applications have been received for revaluation of answer scripts in
various programmes in 6th semester, and further contented that special
revaluation camp has already been constituted to process the
applications and complete the process in a time bound manner, when
attention of Mr. Surin George Ipe, learned counsel for the University,
was invited to Regulation No. 9, wherein the University has
categorically stated that the results of the revaluation and scrutiny
shall be announced within a period of sixty days from the last date
prescribed for the receipt of the applications, and whether the
University would publish the results of revaluation within the
abovesaid period, it is a categorical admission on the part of Mr. Surin
George Ipe, learned counsel for the University, that Regulation No. 9
will be complied with, which means that the results of revaluation
would be published within a period of 60 days from the last date
prescribed for the receipt of the applications.
5. Though Covid - 19 restrictions imposed by the pandemic is
cited as one of the reasons, judicial notice can be taken that
Government have issued orders, permitting 100% attendance in the
educational institutions, which includes University.
Placing on record the submission of Mr. Surin George Ipe,
learned counsel for the University, there shall be a direction to the
respondents, to complete the process of revaluation and scrutiny, and
publish the results, as stated supra.
With the above directions, writ appeal is disposed of.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
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P. A. TO JUDGE
