Kerala High Court
Prabhu B M vs University Of Kerala on 12 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA,
1945
WP(C) NO. 10087 OF 2023
PETITIONERS:
1 PRABHU B M
AGED 23 YEARS
S/O. BIJU PRABHAKAR, ANANDVIHAR (H),
KANICHIYOORNONAM, KATTAKAD, TRIVANDRUM, PIN -
695572
2 RAHUL KRISHNA
AGED 25 YEARS
S/O. KRISHNA KUMAR, SKRA -181, KADUKKARA (H),
SREEVARAHAM, MANACADU P.O, TRIVANDRUM, PIN -
695009
3 SREEKANTH S
AGED 23 YEARS
S/O. SIVAKUMAR, HARITHAM KLRA- 27, MUNDAKKA,
KOLLAM, PIN - 691001
4 EJAS AHAMMED N
AGED 23 YEARS
S/O. NOWSHAD K, KANIYANTTAYYATH (H), S.R.P.
MARKET P.O, KARUNAGAPPALLY, KOLLAM, PIN - 690539
5 SUNJEO STEPHENSON
AGED 23 YEARS
S/O. J. STEPHENSON, LATHA MANDIRAM (H),
CHEMPAKAMANGALAM, EADACODE P.O., TRIVANDRUM, PIN
- 695104
6 ABHIJITH A
AGED 24 YEARS
S/O. ANILKUMAR, NEDUVELIL ABHIVILLA (H),
IRUMPANANGADU P.O, KOLLAM, PIN - 691505
7 HARIKRISHNAN SAJEEV
AGED 24 YEARS
S/O. T. SAJEEVAN, J J PARKVIEW, HARIPURAM,
THAZHAMEL, ANCHAL P.O, KOLLAM, PIN - 691306
8 SOURAV S
AGED 24 YEARS
S/O. SUNDARAN K, KOZHIKKEDATH THEKKATHIL (H),
NAVODAYA NAGAR - 35A, ASRAMAM P.O, KOLLAM, PIN -
691002
W.P.(C).No.10087 of 2023
-: 2 :-
9 RAHUL M SHAJI
AGED 25 YEARS
S/O. SHAJI MON M. J, JYOTHISH (H), THENJIPPALAM,
PIN - 673635
10 YADUKRISHNA S. P
AGED 25 YEARS
S/O. SAJEEVAN P, PARAYIL (H), ORAVIL P.O,
ULLIYERI VIA KOZHIKODE, PIN - 673323
11 EDBURG O.J
AGED 25 YEARS
S/O JAMES O. T, ODATHUM PARAMBIL (H),
PANAMBUKAD, VALLARPADAM P.O ERNAKULAM, PIN -
682504
12 AKSHAY P.P.
AGED 25 YEARS
S/O. P.K. PRASANNAN, POOVTHUM KADAVIL (H),
CHELOOR, IRINJALAKKUDA, PIN - 680121
BY ADVS.
SRINATH C.V.
K.SHIBILI NAHA
A.LOWSY
RESPONDENTS:
1 UNIVERSITY OF KERALA
REPRESENTED BY REGISTRAR, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695034
2 THE REGISTRAR
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695034
BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
OTHER PRESENT:
SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.10087 of 2023
-: 3 :-
Sathish Ninan, J.
==============================
W.P.(C).No.10087 of 2023
==========================
Dated this the 12th day of April, 2023
JUDGMENT
Petitioners completed their 5 year integrated
LL.B course. However, they failed in some papers
due to shortage in internal marks. Though they
desire to appear for improvement of the internal
marks, the University provides such opportunity
for improvement only to students who have secured
less than 10 marks out of 20 in internals. It is
aggrieved thereby that the petitioners have
approached this Court.
W.P.(C).No.10087 of 2023
-: 4 :-
2. I have heard the learned counsel for the
petitioners and the learned Standing Counsel for
the University. I have also perused the statement
filed on behalf of the University.
3. Ext.P1 is the notification dated
14/12/2020 issued by the University. Clause (1)
thereof provides for improvement of internal
assessment. The said provision reads thus:
"Provision for improvement of internal assessment
as special appearance to the LLB students will be
available only for failed candidates, one year after
completion of course, who have obtained less than 10
marks for internal assessment. (2014 admissions for 5
year course and 2016 admissions for 3 year course)"
4. The University still follows the same
guidelines.
5. The petitioners contend that there is no
basis or rationale for fixing the cut off mark at
W.P.(C).No.10087 of 2023
-: 5 :-
10, for reappearance in internal assessment. They
rely on the fact that the total marks for each
subject is 100 and 50% marks is the minimum
requirement for the pass. Though the written
examination is for 80 marks and internal
assessment carry 20 marks, there is no such
separate minimum pass mark for written examination
and internal assessment. There being no such
requirement of separate minimum, the cut off mark
fixed at 10 for internal assessment for
improvement, could not be sustained. Option is to
be given to all students to seek for improvement,
is the contention.
6. The learned Standing Counsel for the
University points out that as per clause 8(e) of
the Regulations of Bar Council of India and Legal
Education Rules, 2008 "There shall be no chance to
W.P.(C).No.10087 of 2023
-: 6 :-
improve either the internal assessment marks or
written examination marks". It is on due
consideration to the above, that the University
had decided an opportunity to improve internals to
those who had failed the course due to low
internals.
7. After hearing the learned counsel on
either sides, I feel that this is a matter to be
looked into by the University at the first
instance.
Accordingly, without expressing anything on
the merits, the writ petition is disposed of
directing the 1st respondent to consider the issue
regarding eligibility to appear for improvement of
internal assessment. Petitioners may be afforded
an opportunity of hearing, if they so request. A
copy of the writ petition, along with a copy of
W.P.(C).No.10087 of 2023
-: 7 :-
the judgment shall be produced before the 1 st
respondent.
Sd/-
Sathish Ninan, Judge
rsr
W.P.(C).No.10087 of 2023
-: 8 :-
APPENDIX OF WP(C) 10087/2023
RESPONDENT ANNEXURES
ANNEXURE R1(a) The true copy of the Minutes of the
Academic Council held on 05.10.2018
Item no.91
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE NOTIFICATION DATED
14/12/2020 ISSUED BY THE 1ST RESPONDENT
