Kerala High Court
Anjali Manual vs The Controller Of Examinations on 3 October, 2017
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 19TH DAY OF DECEMBER 2017 / 28TH AGRAHAYANA, 1939
WP(C).No. 38904 of 2017
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PETITIONER(S):
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ANJALI MANUAL,
D/O MANUAL, AGED 23 YEARS,
(STUDENT OF 2ND M.COM- FINANCE,
DON BOSCO ARTS & SCIENCE COLLEGE, ANGADIKKADAVU),
RESIDING AT 'CHELLOOR HOUSE, P.O.MANATHANA,
MANATHANA VILLAGE, THALASSERY TALUK, KANNUR DISTRICT.
BY ADVS.SRI.T.MANOJ KUMAR,
SMT.S.ANJUSHA.
RESPONDENT(S):
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1. THE CONTROLLER OF EXAMINATIONS,
KANNUR UNIVERSITY, THAVAKKARA,
P.O. CIVIL STATION,KANNUR.
2. KANNUR UNIVERSITY,
REP. BY REGISTRAR, THAVAKKARA P.O,
CIVIL STATION, KANNUR.
BY SRI.M.SASINDRAN, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 38904 of 2017 (K)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MARK LIST ISSUED BY THE
RESPONDENT NO.2 TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE WRITTEN REPRESENTATION
DATED 03.10.2017.
EXHIBIT P3 TRUE COPY OF THE FORWARDING LETTER ISSUED BY
THE PRINCIPAL DON BOSCO ARTS AND SCIENCE COLLEGE.
EXHIBIT P4 TRUE COPY OF THE LAWYER NOTICE DATED 17.10.2017.
EXHIBIT P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD
DATED 20.10.2017.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 19.07.2017 PASSED BY
THE 1ST RESPONDENT.
RESPONDENT'S ANNEXURE:
ANNEXURE R1A COPY OF THE REGULATION RELATING TO REVALUATION IN
THE KANNUR UNIVERSITY.
//TRUE COPY//
P.S. TO JUDGE
rs.
ANU SIVARAMAN, J.
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W.P.(C).No.38904 of 2017
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Dated this the 19th day of December, 2017
J U D G M E N T
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The prayer in this writ petition is as follows:-
1) Issue a Writ of mandamus or other appropriate Writ or Order or direction directing the respondents authorities to undertake revaluation and to conduct re-
enquiry with respect the answer script of petitioner in the paper of petitioner i.e., paper on " Comico3 Management Information System" of the petitioner.
2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondent University.
3. The petitioner contends that Ext.P6 amendment dated 19.7.2017 provides for revaluation of answer sheets in respect of M.Com courses conducted by the affiliated colleges under the respondent University as well. It is therefore contended that the petitioner who had failed only in one paper in her M.Com programme should be permitted to avail the opportunity for revaluation of the said paper.
4. A statement has been filed on behalf of the respondents contending that Ext.P6 amendment specifically W.P.(C).No.38904 of 2017 2 provides for revaluation only in respect of single valuation conducted in accordance with Ext.P6. It is stated that the first semester examination for the M.Com course was conducted in 2016 and the evaluation in respect of the said examination followed the double valuation system. It is submitted that the regulation relating to the revaluation which is produced as R1(a) specifically provides that there will be no revaluation in respect of answer sheets which were valued through the double valuation system. In the above view of the matter, it is contended that the petitioner cannot avail the benefit of Ext.P6 and that clause 7 of Ext.P6 will not bring the petitioner's case within the ambit of revaluation.
5. I have considered the contentions advanced. In view of the specific stand taken by the University that the petitioner's first year M.Com papers had been valued under the double valuation system and that revaluation is not provided in respect of any of the papers which were similarly valued, I am not inclined to pass any order directing revaluation of the petitioner's answer sheet. However, in case the petitioner approaches the Vice Chancellor of the University seeking the W.P.(C).No.38904 of 2017 3 benefit of Ext.P6 order, the same shall be considered by the Vice chancellor and orders shall be passed within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of accordingly.
Sd/-
ANU SIVARAMAN JUDGE rmm/21/12 // True copy // P.A. To Judge