Kerala High Court
Bindu K.T vs Union Of India on 4 October, 2018
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY ,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940
WP(C).No. 13958 of 2016
PETITIONER:
BINDU K.T.
AGED 40 YEARS, D/O.K.C.THOMAS,PALLIPPATTU HOUSE,
CHEERAL P.O.,WAYANAD-673595.
BY ADV. DR.K.P.PRADEEP
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,MINISTRY OF HUMAN
RESOURCES DEVELOPMENT,NEW DELHI-110001.
2 CENTRAL BOARD OF SECONDARY EDUCATION
(CBSE), SIKSHA SADAN, 17, ROSE AVENUE,NEW DELHI,
110002,REPRESENTED BY ITS SECRETARY.
3 EXECUTIVE DIRECTOR (JEE)
CENTRAL BOARD OF SECONDARY EDUCATION,(CBSE),
H-149, SECTOR-63, NOIDA,GAUTAM BUDH NAGAR-
UTTERPRADESH-201309.
4 UNIVERSITY GRANTS COMMISSION (UGC)
BAHADUR SHAH ZAFAR MARG,NEW DELHI,
PIN 110002,REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.K.A.BALAN
SRI.S.KRISHNAMOORTHY, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.10.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.13958 of 2016
:-2-:
J U D G M E N T
Petitioner has approached this Court seeking the following prayers:-
"i. To issue a writ of mandamus or any other appropriate writ, order or direction, to the 2nd and 3rd respondents to consider Ext.P2 complaint in fresh with respect to answers given for Question No.37 in Ext.P5 and Question No.33 in Ext.P5(a); ii. To call for the records in connection with Test Booklets in Ext.P4 and P4(a) and Ext.P5 and P5(a) answer sheet and to quash Ext.P5 and P5(a) to the extent of answer noted towards Question No.37 in Ext.P5 and Question No.33 in Ext.P5(a), by issuing writ of certiorari or any other writ or order or direction.
iii. To issue a writ of mandamus or any other appropriate writ, order or direction, directing 2nd and 3rd respondents to modify Ext.P8 final mark list of the petitioner with respect to UGC-NET Examination conducted during December,2014 and to declare that the petitioner has secured the minimum eligibility and satisfied the minimum cut off marks, to qualify the NET Examination. iv. Direct the respondents to pay cost of this proceedings."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that WP(C) No.13958 of 2016 :-3-:
though the petitioner had preferred representation with regard to the answer keys of the NET Examination conducted in 2014, the respondents have not passed any speaking orders on the request of the petitioner. It is stated that pursuant to the complaint made by the petitioner with regard to the errors in the answer key, two additional marks have been granted to the petitioner. However, Ext.P7 representation preferred by the petitioner remains unanswered and no specific reply has been given to the complaint preferred.
4. It is submitted by the learned counsel appearing for the respondents that the eligible marks have been awarded to the petitioner. However, in view of the fact that Ext.P7 complaint has been preferred by the petitioner before the third respondent and since no specific answer is forthcoming to Ext.P7, I am of the opinion that the respondents are duty bound consider Ext.P7 and pass orders.
WP(C) No.13958 of 2016
:-4-:
Therefore, there will be a direction to the first respondent to take up, consider and pass appropriate orders on Ext.P7 complaint preferred by the petitioner within one month from the date of receipt of a copy of this judgment. Petitioner shall also be put on notice and heard, before orders are passed.
The writ petition is disposed of as above.
Sd/-
ANU SIVARAMAN, JUDGE MBS/ APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: TRUE COPY OF THE PUBLIC NOTICE NO.CBSE/NET/2014-15 DATED 03.11.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT-P2: TRUE COPY OF OMR SHEET NO.507459 OF THE PETITIONER IN PAPER I AND II OF UGC-NET EXAMINATION FOR DECEMBER, 2014.
EXHIBIT-P2(A): TRUE COPY OF OMR SHEET NO.1356451 OF THE PETITIONER IN PAPER III OF UGC-NET EXAMINATION FOR DECEMBER, 2014.WP(C) No.13958 of 2016
:-5-:
EXHIBIT-P3: TRUE COPY OF THE CALCULATION SHEET NO.ROLL NO.13590232 OF THE PETITIONER FOR UGC-NET EXAMINATION, DECEMBER-2014.
EXHIBIT-P4: TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER IN PAPER I WITH TEST BOOK LET CODE Y OF THE UGC-NET EXAMINATION, DECEMBER,2014.
EXHIBIT-P4(A): TRUE COPY OF THE RELEVANT PAGES OF THE QUESTION PAPER IN PAPER III OF THE UGC- NET EXAMINATION, DECEMBER, 2014.
EXHIBIT-P5: TRUE COPY OF THE ANSWER KEY PUBLISHED WITH RESPECT TO PAPER I WITH TEST BOOK LET CODE Y OF THE UGC-NET EXAMINATION, DECEMBER, 2014.
EXHIBIT-P5(A): TRUE COPY OF THE ANSWER KEY PUBLISHED WITH RESPECT TO PAPER III OF SUBJECT LIBRARY AND INFORMATION SCIENCE, FOR THE UGC-NET EXAMINATION, DECEMBER, 2014.
EXHIBIT-P6: TRUE COPY OF THE NOTIFICATION NO.CBSE/NET/2014-15 DATED 15.6.2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT-P7: TRUE COPY OF THE COMPLAINT SUBMITTED DATED 03.07.2015 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT.
EXHIBIT-P8: TRUE COPY OF THE FINAL MARK SHEET IN ROLL NO.13590232 OF THE PETITIONER IN UGC-NET EXAMINATION, 2014.
EXHIBIT-P9: TRUE COPY OF THE COMMUNICATION NO.CBSE/UGC-NET/RTI/217/2015/856 DATED 07/03/2016 ISSUED BY THE ASSISTANT SECRETARY (JEE), CBSE.WP(C) No.13958 of 2016
:-6-:
EXHIBIT-P10: TRUE COPY OF RELEVANT PAGES OF ACADEMIC BOOK PUBLISHED BY INDIRA GANDHI NATIONAL OPEN UNIVERSITY FOR BLIS 05-PART 1 BOOK 2.