Kerala High Court
Paul J. Ovelil vs A.P.J Abdulkalam Technological ... on 14 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:12882
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
WP(C) NO. 42511 OF 2024
PETITIONER:
PAUL J. OVELIL,
AGED 26 YEARS,
S/O DR. JOSEPHKUTTY JACOB,
OVELIL HOUSE,
PERUMPANACHI P.O,
CHANGANASERRY,
KOTTAYAM DISTRICT,
PIN - 686536
BY ADVS.
SRI.JOSEPH GEORGE
SRI.P.A.REJIMON
SMT.NIKITA NAIR C.S.
SRI.SAJEEV JOHN T.
SRI.VIVEKJOS PUTHUKULANGARA
SMT.MAHIMA MERINE REJI
RESPONDENTS:
1 A.P.J ABDULKALAM TECHNOLOGICAL UNIVERSITY,
THIRUVANANTHAPURAM,
REPRESENTED BY ITS REGISTRAR,
CET CAMPUS,
THIRUVANANTHAPURAM,
PIN - 695016
2 THE VICE CHANCELLOR,
A.P.J ABDULKALAM TECHNOLOGICAL UNIVERSITY,
CET CAMPUS,
THIRUVANANTHAPURAM,
PIN - 695016
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3 THE REGISTRAR,
A.P.J ABDULKALAM TECHNOLOGICAL UNIVERSITY,
CET CAMPUS,
THIRUVANANTHAPURAM, PIN - 695016
4 THE CONTROLER OF EXAMINATION,
A.P.J ABDULKALAM TECHNOLOGICAL UNIVERSITY,
CET CAMPUS,
THIRUVANANTHAPURAM, PIN - 695016
5 THE PRINCIPAL,
AMAL JYOTHI COLLEGE OF ENGINEERING,
KOOVAPALLY P.O, KANJIRAPALLY,
KOTTAYAM DISTRICT, PIN - 686518.
BY ADVS.
SRI.K.R.GANESH, SC
SRI.JOMY GEORGE
SRI.R.PADMARAJ(K/191/1989)
SRI.M.J.BENNY(K/1145/2003)
SRI.SAJEEVAN V.T.(K/202/1989)
SRI.R.AJITH KUMAR [V.K.EDOM](K/000629/2016)
SRI.ARJUN S. PRAKASH(K/002436/2023)
SRI.ANAND SASIDHARAN(K/2404/2024)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
Dated this the 14th day of February, 2025 The petitioner completed B.Tech Degree Course in Electrical and Electronic Engineering (2015 scheme). The petitioner passed in all the papers except one namely Advanced Control Theory (EE 304) in the regular examination. The petitioner later appeared in the supplementary examination in May, 2022. The petitioner was declared as failed as he had scored only 35 marks.
2. The petitioner thereafter submitted application for revaluation. On revaluation, the petitioner was awarded 38 marks which was still short by two marks for a pass. Therefore, the petitioner submitted application for review paying the prescribed fee of ₹5,000/- and paying ₹1,000/- towards obtaining answer sheets. As required under the review application, a 2025:KER:12882 W.P.(C) No.42511/2024 :4: faculty member of the petitioner's Institution recommended that the petitioner should get 47 marks. However, after review, the petitioner was declared failed. On enquiry, the petitioner found that the review examiner gave only 31.5 marks. However, in the tabulation sheet, the petitioner was given 35 marks. The petitioner states that he is entitled to get the marks awarded in the review and the reason for not considering the marks given by the faculty member in the recommendation was not explained. The tabulation sheet produced by the petitioner at Ext.P15 would indicate that there is total non-application of mind by the review examiner, contended the petitioner.
3. Respondents entered appearance and resisted the writ petition. The respondents submitted that the review of the answer book was conducted by a senior faculty member (Dr.Jisha C.R., Professor, College of Engineering, Thiruvananthapuram) having more than 20 years of experience. Further, the University has received only the RTI application requesting for the review marks. Documents requested by the 2025:KER:12882 W.P.(C) No.42511/2024 :5: student were also provided on 27.11.2024.
4. As per the U.O. No. 2522/2024/KTU dated 12.09.2024, students having at least 40% marks in End Semester Exam, but failed to score minimum marks required to pass the Course are eligible for the L.P. Grade. In this case, student got only 38 marks (required 40 marks). Hence, the student is not eligible for L.P. Grade.
5. The student requested for review of the Answer Books on 19.10.2022 and the result after the review was communicated on 10.02.2023. The L.P. Grade was implemented later on 12.09.2024, as per U.O.No. 2522/2024/KTU. Therefore, the statement that the University failed to consider the U.O. implementing the L.P. Grade is incorrect and the statements made thereafter are also not correct. Regarding the valuation process, it is important to note that the marks awarded during valuation, revaluation (38 marks), and review (35 marks) were closely aligned. All three evaluations were conducted independently by faculty members from three different Valuation 2025:KER:12882 W.P.(C) No.42511/2024 :6: Camps, contended the respondents.
6. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 to 4 and the learned counsel representing the 5 th respondent.
7. The petitioner, in the supplementary examination for the paper Advanced Control Theory, scored only 35 marks. In the revaluation conducted, the petitioner was declared as obtained 38 marks. The petitioner submitted application for review. In the application for review, a faculty of the petitioner's Institution valued the marks of the petitioner and opined that the petitioner is entitled to get 47 marks. A perusal of Ext.P12 would indicate that the faculty member has given sufficient reason to come to a conclusion that the petitioner is entitled to get 47 marks. Answers to question Nos.6, 7, 12(a) and 17 required higher marks for reasons advanced by the faculty as can be seen from Ext.P12. However, the review examiner awarded the petitioner only 35 marks.
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8. The respondents have produced Ext.R1(b) tabulation sheet. The tabulation sheet would indicate that the aggregate of the marks granted by the review examiner would come only to 31.5 marks. However, the total mark is shown as
35. This would clearly indicate the total non-application of mind by the review examiner. In the circumstances, taking into consideration Ext.P12 recommendation given by the faculty, a proper review of the answer script is to be conducted.
9. In the circumstances of the case, tabulation sheet in Ext.P15/Ext.R1(b) is set aside. The 2 nd respondent is directed to cause review of the answer script of the petitioner taking note of Ext.P12 recommendation also. This shall be done within a period of two months.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:12882 W.P.(C) No.42511/2024 :8: APPENDIX OF WP(C) 42511/2024 PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 1ST SEMESTER Exhibit P-2 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 2ND SEMESTER Exhibit P-3 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 3RD SEMESTER Exhibit P-4 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 4TH SEMESTER Exhibit P-5 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 5TH SEMESTER Exhibit P-6 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 6TH SEMESTER Exhibit P-7 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 7TH SEMESTER Exhibit P-8 TRUE PHOTOCOPY OF THE SEMESTER GRADE CARD OF THE PETITIONER FOR THE 8TH SEMESTER Exhibit P-9 TRUE PHOTOCOPY OF THE ANSWER BOOK OF THE PETITIONER FOR THE PAPER ADVANCED CONTROL THEORY (EE 304) Exhibit P-10 TRUE PHOTOCOPY OF CIRCULAR NO: KTU/EX-
V#3/6028/2019 DATED 24-02-2020 ISSUED BY 2025:KER:12882 W.P.(C) No.42511/2024 :9: THE 4TH RESPONDENT Exhibit P-11 TRUE PHOTOCOPY OF THE APPLICATION DATED 19-10-2022 SUBMITTED BY THE PETITIONER Exhibit P-12 TRUE PHOTOCOPY OF RECOMMENDATION BY FACULTY MEMBER DATED 19-10-2022 Exhibit P-13 THE PRINTOUT OF EMAIL DATED 10-02-2023 SENT BY THE 4TH RESPONDENT Exhibit P-14 TRUE PHOTOCOPY OF ORDER UO NO:
2522/2024/KTU DATED 12-09-2024 ISSUED BY KTU Exhibit P-15 TRUE PHOTOCOPY OF REPLY NO: KTU/ASST13 (ADMIN)/567/2024 DATED 29-11-2024 ISSUED BY THE KTU RESPONDENTS' EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE CLAUSE OF EXAMINATION MANUAL, 2022.
EXHIBIT R1(b) TRUE COPY OF THE REPLY NO. KTU/ASST13 (ADMIN)/567/2024 DATED 29.11.2024 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY.