Kerala High Court
Amala P vs The University Of Kerala on 16 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 32218 OF 2023
PETITIONER:
AMALA P
AGED 27 YEARS
D/O. PRASANNA KUMARI,
KUMBALAMVILA HOUSE,
ALUMMOODU P.O, KOTTAMKARA,
KOLLAM DISTRICT., PIN - 691577
BY ADV ELDHOSE JOY
RESPONDENTS:
1 THE UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM P.O, THIRUVANANTHAPURAM., PIN - 695034
2 THE CONTROLLER OF EXAMINATIONS
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM P.O, THIRUVANANTHAPURAM., PIN - 695034
3 THE JOINT CONTROLLER OF EXAMINATIONS
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM P.O, THIRUVANANTHAPURAM., PIN - 695034
BY ADV Thomas Abraham
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.32218/2023
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 32218 of 2023
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Dated this the 16th day of February, 2024
JUDGMENT
The prayer sought in the writ petition is for a direction to the
second respondent, the Controller of Examinations, Kerala University, to
evaluate the answer scripts of the subject of Public Finance and Trade
(Economics) of the third semester and publish its result within a time
frame to be fixed by the Court.
2. The University had rejected the request for evaluation as
belated. This Court, by order dated 30/10/2023, had directed the
University to verify whether the answer sheets of the petitioner were still
available. As the answer sheet was available, this Court passed an interim
order on 24/01/2024 directing the University to revalue the answer script
once again and make available the marks in a sealed cover before this
Court. This direction was issued on the basis of the submission of the
petitioner that he had secured 35.5 marks when the minimum mark
required for a pass was 36, and since it was found that the difference was
only 0.5 marks.
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3. Learned counsel for the University submits that the
petitioner needs to have 35% marks in both the theory paper and in the
continuous evaluation (internal assessment). Today, the result after the
evaluation was produced in a sealed cover, which shows that the original
mark obtained by the petitioner was 23, whereas after revaluation, it was
reduced to 14, and therefore the original mark remained unchanged.
Under such circumstances, no orders can be passed in this writ
petition in favour of the petitioner. The writ petition lacks merit, and the
same is accordingly dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA
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APPENDIX OF WP(C) 32218/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PROFILE OF THE
PETITIONER.
Exhibit-P2 A TRUE COPY OF THE EXAMINATION RESULTS OF
THE PETITIONER IN SUBJECT PUBLIC FINANCE
AND TRADE (ECONOMICS) OF THE THIRD
SEMESTER PUBLISHED BY THE FIRST RESPONDENT
UNIVERSITY.
Exhibit-P3 A TRUE COPY OF THE EXTRACT OF APPLICATION
FOR SCRUTINY SUBMITTED BY THE PETITIONER
DATED 19.11.2022.
Exhibit-P4 A TRUE COPY OF THE REPRESENTATION DATED
29.07.2023 SUBMITTED BY THE PETITIONER
BEFORE FIRST RESPONDENT.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED
14.08.2023 IN W.P.(C) NO.25955/2023 OF
THIS HON'BLE COURT.
Exhibit-P6 A TRUE COPY OF THE ORDER DATED 15.09.2023
ISSUED BY THE SECOND RESPONDENT.
RESPONDENT ANNEXURES
Annexure R1(a) The true copy of the intimation dated 15-
9-23 sent to the petitioner.
