Bensa Jacob vs Vice Chancellor
2022 Latest Caselaw 1129 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
      THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943

                      WP(C) NO. 2681 OF 2022

PETITIONERS:

  1   BENSA JACOB
      AGED 23 YEARS
      D/O. JACOB T. M.,
      THEKKUMKUDIYIL (H), ANAVIRATTY P. O.,
      IDUKKI - 685561.
      (STUDENT OF ST. PETERS COLLEGE, KOLENCHERY)
  2   ADILA T. M.
      AGED 23 YEARS
      D/O. T. M. MUSTHAFA,
      THEKKUMPARAMBIL (H), KOTHAMANGALAM P. O.,
      MATHIRAPPILLY, PIN - 686691.
      (STUDENT OF NIRMALA COLLEGE, MUVATTUPUZHA).
      BY ADVS.
      P.M.JOSHI
      BONNY BABY
RESPONDENTS:

  1    VICE CHANCELLOR
       MAHATMA GANDHI UNIVERSITY,
       PRIYADARSHINI HILLS, KOTTAYAM DISTRICT,
       PIN - 686560.
  2    THE CONTROLLER OF EXAMINATIONS
       MAHATMA GANDHI UNIVERSITY,
       PRIYADARSHINI HILLS, KOTTAYAM DISTRICT,
       PIN - 686560.
  3    *ADDL R3
       MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
       KOTTAYAM, REPRESENTED BY ITS REGISTRAR
       * ADDL R3 SUO MOTO IMPLEADED AS PER JUDGMENT DATED
       27.01.2022.

   SRI SURIN GEORGE IPE, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 2681             of 2022
                                              2



                                         JUDGMENT

Being aggrieved by the delay in completing the revaluation application

submitted by the petitioners and in publishing their results, the petitioners are

before this Court seeking the following directions.

a) Issue a writ of mandamus or appropriate writ or direction to the respondents to

conduct the revaluation in respect of applications Exhibit P3 and Exhibit P7

submitted by the petitioners within a time frame that may be fixed by this

Hon'ble Court.

b) Issue a direction to the 2nd respondent to revalue the answer papers of the

petitioners for which they submitted revaluation application of the 4th semester

M.com PGCSS examination held in July 2021 taking into consideration that the

1st petitioner needs only 0.90 marks (.03 points) and 2nd petitioner needs only 9

marks (0.30 points)

c) Necessary and effective directions may also be given to the respondents to

provide moderation marks, if found necessary, taking into consideration of

COVID-19 pandemic situation and issue fresh mark list to the petitioners.

2. Ext.P3 is the revaluation application filed by the 1st petitioner and

Ext.P7 is the revaluation application submitted by the 2nd petitioner.

W.P.(C) No. 2681 of 2022

3. Sri. Surin George Ipe, the learned standing counsel appearing for

the MG University submitted that the Mahatma Gandhi University Regulations

relating to Revaluation and Scrutiny of Answer scripts prescribe that the

revaluation of valid and correct applications shall be completed within a

maximum period of 60 days from the date prescribed for submitting the

applications. It is submitted that if the applications are in order, the respondents

shall ensure that revaluation is completed and results are published within the

time stipulated in the regulations. It is submitted that the University has not

been validly represented in this writ petition.

4. I have heard the submissions.

5. In view of the submissions made by the learned Standing Counsel,

the Mahatma Gandhi University, Priyadarshini Hills, Kottayam, represented by its

Registrar is suo moto impleaded as additional 3rd respondent.

6. Having regard to the facts and circumstances, there will be a

direction to the additional 3rd respondent to take necessary steps to carry out

the revaluation in respect of Exhibits P3 and P7 applications, if the same are in

order and to publish the results within a period of 60 days from the last date

prescribed for submitting the applications and in accordance with Regulations W.P.(C) No. 2681 of 2022

relating to Revaluation and Scrutiny of Answer scripts.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP W.P.(C) No. 2681 of 2022

APPENDIX OF WP(C) 2681/2022

PETITIONERS' EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE HALL TICKET ISSUED TO THE 1ST PETITIONER.

Exhibit P2 THE TRUE COPY OF THE 4TH SEMESTER RESULT OF 1ST PETITIONER IN PGCSS EXAMINATION JULY 2021.

Exhibit P3 THE TRUE COPY OF THE APPLICATION NO.280726, DATED 31.12.2021.

Exhibit P4 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 31.12.2021.

Exhibit P5 THE TRUE COPY OF THE HALL TICKET ISSUED TO THE 2ND PETITIONER FOR 4TH SEMESTER PGCSS EXAMINATION.

Exhibit P6 THE TRUE COPY OF 2ND PETITIONER RESULT IN 4TH SEMESTER PGCSS EXAMINATION JULY 2021.

Exhibit P7 THE TRUE COPY OF THE APPLICATION NO.280786 DATED 31.12.2021.

Exhibit P8 THE TRUE COPY OF THE PAYMENT RECEIPT DATED 31.12.2021.

RESPONDENTS' EXHIBITS:

NIL