Kerala High Court
The University Of Kannur vs Smt.Nafeesath Thwayiba.M.P on 6 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WA NO. 437 OF 2013
AGAINST THE ORDER/JUDGMENT IN WPC 308/2012 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 THE UNIVERSITY OF KANNUR
REPRESENTED BY ITS REGISTRAR, KANNUR-670567.
2 THE REGISTRAR
UNIVERSITY OF KANNUR, KANNUR-670567.
BY ADVS.
V.A.MUHAMMED
SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
SRI.VIJU THOMAS, SC, KANNUR UNIVERSITY
SRI.I.V. PRAMOD - SC, KANNUR UNIVERSITY
RESPONDENT/WRIT PETITIONER:
SMT.NAFEESATH THWAYIBA.M.P.
D/O.MUHAMMED KUNJI M.P., MUJAHID PAVILLION,
DELI KALANAD P.O., KASARAGOD-671317.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 437 OF 2013
2
JUDGMENT
Amit Rawal, J.
1. The present intra court appeal has been preferred
against the judgment of the Single Bench whereby while dealing
with the contention of the respondent/petitioner for expeditious
disposal of the application for revaluation, in paragraph 7 had
issued the following general directions:
"7. In future, for effective and expeditious disposal of
applications for revaluation of answer papers of
examinations, all the Universities in Kerala shall strictly
comply with the following directions, in letter and spirit:
(a) All the Universities shall reduce the time limit for
submitting applications for revaluation to 15 days of
publication of results of the examination. Copy of mark
lists shall not be insisted upon to be produced along with
the application. For enabling the students to know in
which subject they have to seek revaluation the marks
of each student, in each subject shall be uploaded in the
University web site at the time of publication of the
results itself.
(b) Each University shall increase the number of sections
dealing with revaluation applications and each section
shall be manned by adequate staff commensurate with
the number of applications for revaluation being
received.
(c) The persons entrusted with the regular valuation of
WA NO. 437 OF 2013
answer papers shall be directed to compulsorily return
valued answer papers within a specified time after
valuation, which shall, in any event, be before the
publication of the results, so that the answer papers
would be readily available, when the applications for
revaluation comes in.
(d) All the answer papers of a particular examination for
which applications for revaluation are received shall be
valued together. Individual requests for early revaluation
shall not be entertained to ensure the secrecy,
confidentiality and transparency of the revaluation
process as well, like the regular valuation. The
Universities shall arrange to have centralised valuation
camps for revaluation also, like regular valuation,
wherever situation demands the same.
(e) All affiliated colleges shall periodically send lists of all
qualified teachers working in their colleges, who are
liable to be engaged for examination work, including
valuation of answer papers. All such teachers shall be
compulsory required to take up examination duties
including valuation of answer papers. Any teacher who
refuses to undertake examination work including
valuation of answer papers shall be imposed with
appropriate sanction, for which adequate provision shall
be made, if not already made.
(f) All teachers shall be asked to complete valuation of
answer papers including revaluation and return the
answer papers within a definite time frame, which the
teachers shall adhere to strictly, failure in doing which
shall also be dealt with strictly and appropriate sanction
shall be imposed on erring teachers for the delay.
WA NO. 437 OF 2013
(g) Negligence in valuation shall also be visited with
appropriate sanction as applicable to delay in completing
valuation work. In case of disparity in marks, beyond
permissible limits, between the original valuation and
the revaluation, the same shall be sent to an expert to
ascertain the reasons for such disparity and if such
disparity is attributable to the teacher conducting the
valuation or revaluation as the case may be, shall be
appropriately dealt with so as to minimise the effect of
subjectivity in valuation beyond permissible limits. If it is
found that any teacher is guilty of any negligence in the
matter of valuation, appropriate sanction shall be
imposed on that teacher.
(h) Revaluation results shall be published before the last
date fixed for submitting applications for the next
regular/ supplementary examination for the particular
examination. In any event revaluation results shall be
published within 45 days from the last date fixed for
applying for revaluation. This is the outer time limit and
revaluations shall be completed earlier, if possible, like
in the case of fewer applications for revaluation. For any
delay, the teachers/officers responsible shall be made
accountable. However, in respect of the Cochin
University of Science and Technology, who have already
framed Ordinances, the time limit prescribed by the
Ordinances shall continue to apply.
(i) These directions are not exhaustive and the
Universities are free to adopt such other measures as
they think fit, which would ensure speedier completion
of the revaluation process. "
2. Learned counsel representing the appellant submitted
WA NO. 437 OF 2013
that the University has already fixed its time-line in the
Ordinance and Regulations and therefore the said direction
would totally change the tenor and mode of the Regulations.
Court cannot direct the University to adopt the course as per its
direction. Writ petition is pending since 2013 without interim
order. It has not been informed whether other Universities
including the present University has complied with the
directions.
3. The directions extracted above, in our considered
view, do not require any clarification or modification as it will
mitigate the cause of the students and also curtail the litigation.
No ground for interference is made out. Writ appeal is
dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S. SUDHA
JUDGE
nak
