Kerala High Court
T R Rahul Menon vs Mahatma Gandhi University on 9 February, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.22830 OF 2019(C)
PETITIONER:
T R RAHUL MENON
AGED 22 YEARS
SON OF M.C.RAVIENDRAN, ROHINI, KIZHAKKEKARUVELIL,
VENNALA(P.O.), KOCHI, PIN-682 028.
BY ADV. SRI.R.RAJESH KORMATH
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
PRIYADARSINI HILLS (P.O.), KOTTAYAM, PIN-686 560.
2 THE CONTROLLER OF EXAMINATIONS,
MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS (P.O.),
KOTTAYAM, PIN-686 560.
R1 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22830 OF 2019
2
JUDGMENT
Dated this the 9th day of February 2021 This writ petition is filed challenging Exts.P3 and P5 orders and seeking directions for a valuation of the mark sheet of the petitioner in the light of Ext.P7 scheme of valuation. The dispute raised by the petitioner was with regard to the paper- Quantitative Techniques for Business Research in respect of which Ext.P2 mark sheet had been issued to the petitioner. It is stated that the marks awarded in the external examination was only 0.44 and that the petitioner's request for revaluation also did not yield results.
2. It is submitted by the learned counsel for the petitioner that pursuant to the interim order dated 15.12.2020, a revaluation had been conducted in accordance with Ext.P7 and the subject expert had made available the mark sheet of the revaluation which has been produced before this Court with a memo by the respondents. It is submitted that it is clear from the mark sheet produced by the respondents that the petitioner had scored a WGP of 32 with a GPA of 1.28 in the revaluation. The learned counsel for the petitioner submits WP(C).No.22830 OF 2019 3 that the said mark sheet is to be accepted and the petitioner is liable to be given revised mark list incorporating the marks secured by the petitioner in the revaluation conducted by the subject expert in accordance with the directions issued by this Court on 15.12.2020.
3. The learned Standing Counsel appearing for the University submits that in case the petitioner surrenders the original mark sheet which had been issued to him, the marks awarded to him in the revaluation conducted pursuant to the interim order dated 15.12.2020 will be incorporated and a revised mark sheet shall be issued to the petitioner.
4. In the above view of the matter, this writ petition is disposed of with a direction that in case the petitioner submits the original of Ext.P2 mark sheet before the University within a week, the University shall take note of the revaluation conducted pursuant to the interim order of this Court dated 15.12.2020 and shall issue a revised mark sheet to the petitioner incorporating the results of the said revaluation as well. Necessary shall be done within a period of one week from the date on which the petitioner surrenders the original of WP(C).No.22830 OF 2019 4 Ext.P2 before the respondents. The impugned communications are set aside to enable the issuance of the revised mark sheet as state above.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C).No.22830 OF 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY DATED NIL OF THE DESCRIPTION OF THE EVALUATION PROCESS OF THE FIRST RESPONDENT UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE RESULT SHEETS DATED NIL FOR THE EXAMINATIONS OF ALL THE SEMESTERS OF THE COURSE, PUBLISHED IN THE WEBSITE OF THE FIRST RESPONDENT, UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE MEMO DATED 20.04.2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 29.04.2019 PREFERRED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE MEMO DATED 09.05.2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ANSWER SHEET WITH THE ACCOMPANYING MEMO DATED 03.06.2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 16.07.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE FIRST RESPONDENT UNIVERSITY TO THE PETITIONER ALONG WITH THE SCHEME OF VALUATION OF THE PAPER IN QUESTION.
EXHIBIT P8 TRUE COPY OF THE QUESTION PAPER DATED NIL OF THE PAPER QUANTITATIVE TECHNIQUES FOR BUSINESS RESEARCH FOR B.COM, DEGREE EXAMINATION OF NOVEMBER, 2017 OF THE FIRST RESPONDENT UNIVERSITY.
EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF THE RESTRUCTURED CURRICULUM AND SYLLABI DATED NIL OF THE FIRST RESPONDENT UNIVERSITY FOR THE B.COM DEGREE PROGRAMME UNDER THE CHOICE BASED CREDIT AND SEMESTER SYSTEM.
EXHIBIT P10 TRUE COPY OF PAGE NUMBERS 107 AND 108 OF FOURTH EDITION OF THE BOOK RESEARCH WP(C).No.22830 OF 2019 6 METHODOLOGY METHODS AND TECHNIQUES CO- AUTHORED BY C.R.KOTHARI AND GAURAV GARG AND PUBLISHED BY NEW AGE INTERNATIONAL PUBLICATIONS.
EXHIBIT P11 TRUE COPY OF PAGE NUMBERS 4.35 AND 4.36 OF THE TENTH REVISED EDITION OF THE BOK FUNDAMENTALS OF MATHEMATICAL STATISTICS (A MODERN APPROACH) CO-AUTHORED BY S.C.GUPTA AND V.K.KAPOOR AND PUBLISHED BY SULTAN CHAND AND SONS.
RESPONDENT'S/S EXHIBITS:
ANNEXURE I A TRUE COPY THE ORDER NO.AC L/8/RV/2016 DATED 25-01-2017 ANNEXURE II A TRUE COPY OF THE EXPLANATION FURNISHED BY SMT.K.N.JAYA, ASSOCIATE PROFESSOR, DEPT. OF COMMERCE, ETTUMANOORAPPAN COLLEGE, ETTUMANOOR.
ANNEXURE III A TRUE COPY OF THE EXPLANATION FURNISHED BY SMT.SHIJI K MATHEW ASSISTANT PROFESSOR, DEPT. OF COMMERCE, BPS COLLEGE, PIRAMADOM.