Kerala High Court
Vishnu Santhosh vs Mahatma Gandhi University on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 16167 OF 2021
PETITIONER/S:
1 VISHNU SANTHOSH,
AGED 27 YEARS
S/O SANTHOSH.K.K, PN:10, PULARI NAGAR CHOORAKADU, TRIPUNITHURA,
ERNAKULAM-682301.
2 AKHIL.V.P,
AGED 26 YEARS
S/O PRASAD.V.T, VELIYIL VEED, VANIYAKKAD, MANNAM.P.O, NORTH PARAVUR,
ERNAKULAM,PIN-683520.
BY ADVS.
E.D.GEORGE
LINU G. NATH
BENET SELVAN S.
BRISONE T. MATHEW
ALICIA JOSE
RESPONDENT/S:
1 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY THE VICE CHANCELLOR,
PRIYADHARSHANI HILLS, ATHIRAMPUZHA,
KOTTAYAM DISTRICT-686560.
[R1 IS CORRECTED AS
MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY THE REGISTRAR,
PRIYADHARSHANI HILLS, ATHIRAMPUZHA,
KOTTAYAM DISTRICT-686560. AS PER ORDER DATED 27.09.2021 IN WP(C)
16167/2021]
2 THE VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY, KOTTAYAM,PIN-686560.
3 THE CONTROLLER OF EXAMINATIONS,
MAHATMA GANDHI UNIVERSITY, PRIYADHARSHINI HILLS, ATHIRAMPUZHA,
KOTTAYAM,
PIN-686560.
4 THE PRINCIPAL,
BHARATA MATA SCHOOL OF LEGAL STUDIES, CHOONDY,ALUVA,PIN-683112.
BY ADVS.
SURIN GEORGE IPE
K.T.LILLY @ LILLY JAMES
OTHER PRESENT:
SRI SURIN GEORGE IYPE SC MG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16167 OF 2021
2
JUDGMENT
The prayer in this writ petition is for directions to the
respondent to pass necessary orders for redoing the internal
assessment for 3 subjects in the first semester.
2. Petitioners were the Students of Bharata Mata School of
Legal Studies, Aluva for the year 2015-2020 and completed BBA
LLB (Hons) in 2020 and final year examination was conducted in
January 2021. Both the petitioners had not secured internal mark in
their first semester as they had less than 30% marks as evident
from mark sheet Exts.P1 and P2.
3. Learned counsel appearing on behalf of the petitioners
submitted that the petitioners have been awarded less marks in
certain subjects and owing to that, failed in the particular subject
and unless they get a chance to improve the internal assessment
they will not be able to pass the subject.
4. This Court in a judgment Ext.P4 granted the permission
for redoing the internal examination on humanitarian grounds.
Redo of internal assessment for those subject would help them to
pass LLB degree.
WP(C) NO. 16167 OF 2021
5. On the other hand, learned counsel appearing for the
University has placed on record the results of the petitioners which
is extracted herein below:
Akhil V.P Reg. No.62506
Subject External Internal Total
Management
Management
(supply
Reg.No.5102)
Economics
Constitutional
History of India
Vishnu Santhosh REG. NO. 62554
Subject External Internal Total
Management
WP(C) NO. 16167 OF 2021
Mangement
Economics
Constitutional
History of India
From the perusal of the same, it is evident that the petitioners
have not been able to obtain minimum 55 marks in majority of the
subjects. As per the statement on behalf of the University, it is
deciphered that the Common Regulation for BA/B.com/BBA LLB (5
year) Integrated Degree Course does not permit redo for internal
examination as the marks once awarded in the internal assessment
shall be final and no application for redoing of internal assessment
shall be entertained on any grounds after the end of the semester.
I have heard the learned counsel for the parties and appraised
the paper book. Counsel for the petitioners has not been able to
rebut the submissions and the averments in the statement of the
respondents by citing any provisions of statutes or university
regarding the provisions for redo of internal examination. As
regards the findings in the judgment relied upon, it was ordered
WP(C) NO. 16167 OF 2021
only based on the peculiar circumstances of the case. Petitioner's
case cannot be considered as a special case as of W.P.(C) No.23372
of 2018. Otherwise, it will open the plethora of such requests. No
ground for interference is made out. Writ petition is accordingly
dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 16167 OF 2021
APPENDIX OF WP(C) 16167/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIRST SEMESTER MARK
LIST OF THE 1ST PETITIONER
Exhibit P2 A TRUE COPY OF THE FIRST SEMESTER MARK
LIST OF THE 2NDPETITIONER
Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED TO THE 2ND PETITIONER FROM
K.M.K.HOSPITAL, N.PARAVUR.DATED
21.12.2015.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C)NO.23372/2018.
