Kerala High Court
Aparna Sunil vs The University Of Kerala on 30 March, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 47782 OF 2025
1
2026:KER:28343
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
WP(C) NO. 47782 OF 2025
PETITIONER :
APARNA SUNIL, AGED 26 YEARS
D/O. V. SUNIL KUMAR, VINODINI VIHAR,
MAITHANAM, VARKALA,
THIRUVANANTHAPURAM, PIN - 695 141.
BY ADVS.
SRI.N.ANAND
SHRI.RAJESH O.N.
SHRI.AMEER SALIM
SHRI.SADIQ NAZAR
RESPONDENTS :
1 THE UNIVERSITY OF KERALA
STATUE P.O, SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, PIN - 695 037.
REPRESENTED BY ITS REGISTRAR,
2 THE CONTROLLER OF EXAMINATIONS
THE UNIVERSITY OF KERALA, STATUE P.O,
SENATE HOUSE CAMPUS, PALAYAM
THIRUVANANTHAPURAM, PIN - 695 037.
3 THE VICE CHANCELLOR
THE UNIVERSITY OF KERALA, STATUE P.O,
SENATE HOUSE CAMPUS, PALAYAM
THIRUVANANTHAPURAM, PIN - 695 037.
BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 47782 OF 2025
2
2026:KER:28343
BECHU KURIAN THOMAS, J.
......................................................
W.P.(C) No. 47782 of 2025
...................................................
Dated this the 30th day of March, 2026
JUDGMENT
Limited relief sought for by the petitioner is for a direction to the respondents to declare the petitioner as having passed in the subject of EDU 15.2 Advanced studies : Curriculum and Pedagogy in English Education and, consequently, the B.Ed English (165) course.
2. Petitioner was a student of B.Ed English course in Sree Narayana Training College, Nedunganda, Varkala. Though she had cleared all subjects, including those in the III semester, for the subject Advanced studies : "Curriculum and Pedagogy in English Education", as part of the IV Semester, petitioner failed in the semester examination. Petitioner alleges that one of the questions in the multiple choice attempted by her, though correctly answered, by a mistake, while preparing the answer key, the University marked the wrong answer as correct. The evaluation done through an automated machine allegedly marked the wrong answer as correct and hence petitioner lost a mark.
3. Petitioner obtained only 14 marks, while, she pleads that if she had obtained 15 marks, she would have been awarded moderation and could have hence passed the subject. Though petitioner tried her level WP(C) NO. 47782 OF 2025 3 2026:KER:28343 best, she was informed that even if she had written the correct answer, due to the wrong answer key, she cannot be awarded any mark. Petitioner contends that, her request for revaluation of the answer key was declined and hence she has approached this Court.
4. According to the petitioner, if the one mark due to her for question No.34 is awarded, she will be able to obtain a pass mark and thereby complete her B.Ed course.
5. A statement has been filed on behalf of the respondents, stating that already degree certificates have been issued to other candidates and it is not feasible to alter the answer evaluated through an automated machine for a single candidate. It was however stated that, subsequently, as per Ext.R1(a), the Chairman of the Board of Studies in Education of the University observed on verification, that the complaint raised by the petitioner is genuine, and that the petitioner is entitled to be awarded marks for question No.34.
6. I have heard the learned counsel for the petitioner as well as the learned standing counsel for respondents.
7. Admittedly, the petitioner had answered question No.34 of the subject under consideration, but due to a fault on the part of the University, she has been deprived of one mark for the said question. The subject in question is EDU 15.2 Advanced studies : Curriculum and Pedagogy in English Education.
8. When a mark legitimately due to the petitioner has admittedly been WP(C) NO. 47782 OF 2025 4 2026:KER:28343 denied resulting in a failure in the examination, an extraordinary circumstance arises that warrants the interference of this Court. The consequence of this Court failing to interfere in a case of this nature can result in serious prejudice and hardship to the petitioner.
9. Unlike in cases where there is a dispute, this is an instance where the mistake in setting the answer key is admitted and it is also admitted that petitioner had written the correct answer as evident from Ext.R1(a). Hence petitioner cannot be denied what was legitimately due to her.
10. Accordingly, I deem it appropriate to exercise the jurisdiction under Article 226 of the Constitution of India to direct the 3rd respondent-Vice Chancellor to pass appropriate orders granting the mark due to the petitioner in the subject EDU 15.2 Advanced studies : Curriculum and Pedagogy in English Education; for question No.34, as prescribed in the question paper, for a correct answer, and as concluded in Ext.R1(a). Ordered accordingly.
11. It is clarified that this judgment shall not be considered as a precedent, and the same is issued on account of the extraordinary circumstances of admitted mistake.
The writ petition is allowed.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/30/03/2026 WP(C) NO. 47782 OF 2025 5 2026:KER:28343 APPENDIX OF WP(C) NO. 47782 OF 2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ADMIT CARD ISSUED BY THE RESPONDENT NO.1 TO PETITIONER EXHIBIT P2 A TRUE COPY OF THE PUBLISHER DESCRIPTION OF M/S. WILEY IN THE WEBSITE OF JOURNAL STORAGE (JSTOR) FOUNDED BY THE PRESIDENT OF PRINCETON UNIVERSITY EXHIBIT P3 A TRUE COPY OF THE WEBSITE HTTPS://WWW.WILEY.COM/EN-IN/ABOUT-US/ EXHIBIT P4 A TRUE COPY OF THE DEFINITION OF BLOG TAKEN FROM HTTPS://WWW.BRITANNICA.COM/TOPIC/BLOG EXHIBIT P5 A TRUE COPY OF ONE WEBSITE HTTPS://BLOG.HUBSPOT.COM, OFFERING ADVICE ON HOW TO EDIT AND CONTRIBUTE TO BLOGS EXHIBIT P6 A TRUE COPY OF THE WEBSITE HTTPS://SUPPORT.GOOGLE.COM /BLOGGER/ANSWER/1623800?HL=EN EXHIBIT P7 A TRUE COPY OF THE RELEVANT PORTION OF THE RESULT SHEET OF THE 4TH SEMESTER B.ED DEGREE EXAMINATION, APRIL 2025 EXHIBIT P8 A TRUE COPY OF THE REQUEST DATED NIL PLACED BY PETITIONER BEFORE RESPONDENT NO.2 EXHIBIT P9 A TRUE COPY OF THE EMAIL APPLICATION DATED 25.10.2025 ADDRESSED BY PETITIONER TO RESPONDENT NO.1 EXHIBIT P10 A TRUE COPY OF THE MEMO DATED 03.11.2025 ISSUED BY RESPONDENT NO.2 IN EG VI/B.ED/2025 EXHIBIT P11 A TRUE COPY OF THE REPLY DATED 18.11.2025 ISSUED BY RESPONDENT NO.1 UNIVERSITY TO PETITIONER IN NO. 601/RTI.4/25-26 RESPONDENT ANNEXURES ANNEXURE R1(A) THE TRUE COPIES OF THE REMARKS OF THE SUBJECT EXPERT AND CHAIRMAN, BOARD OF STUDIES IN EDUCATION(PASS) ANNEXURE R1(B) THE TRUE COPY OF THE RELEVANT PAGE OF THE B.ED REGULATIONS