UNIVERSITY OF KERALA Vs. E C MURALIDHARAN

JUDGEMENT

(1.) The University of Kerala and 2 others are the appellants. The respondent filed the Original Petition praying for a direction to the University to take immediate steps to revalue the paper "Investment Analysis and Portfolio Management" of the 3rd Semester Examination attended by him by an independent Professor and to publish the result of the same before the commencement of the supplementary examination. It is further prayed that the Controller of Examinations may be directed to consider and dispose of Ext. P6 representation preferred by him.

(2.) The respondent Writ Petitioner's contentions in brief are as under: He is a student of "Master of Business Administration" (MBA) in the Thangal Kunju Musaliar Institute of Management, Kollam, affiliated to the appellant University. He has completed all four Semesters of the course and appeared for the examinations. In the first three Semesters, the respondent has fared well and has secured high marks, but for paper No. 3 in the 3rd Semester written examination on the subject of "Investment Analysis and Portfolio Management", he could secure only 26 marks out of 75 marks and hence he could not clear the subject. The minimum marks required for a pass in the subject is 37.5 out of 75 marks. According to the respondent, he has even secured 95% marks in the sessional examinations of the subject, as evidenced by Ext. P3 and that Exts. P1 to P3 would reveal that he has secured high marks in all subjects of each Semester except in paper No. 3 of 3rd Semester as evidenced by Ext. P3. He has relied on Exts. P4 and P5 to show that he is a brilliant student and has high aptitude in the elective paper "Investment Analysis and Portfolio Management" and hence the publication of the result of the written examination of the said paper must be either due to a bona fide error or mala fide exercise of power. The respondent is a top scorer of the class in the internal assessment for all the subjects including the failed subject and had been performing excellently well in all the Semesters and has secured 80% marks in 3rd Semester in spite of losing one subject. It is the respondent's case that according to the reliable sources at the first valuation in the subject he got 60% marks and on second valuation he got 80% marks and it is on the third valuation of the paper that the marks have been reduced to 26 marks without any analysis. The respondent preferred an application for revaluation on 12.7.1999. Though the application for revaluation has been submitted, no steps have been taken to revalue the papers. The current result will be a hindrance and will have further repercussions to his career. Since the supplementary examinations of the 3rd Semester was likely to be commenced in the first week of November, 1999, the respondent approached this Court for its intervention. It is submitted by the respondent that the denial of the right of a Post Graduate student to get his papers revalued is against the principles of natural justice.

(3.) The Original Petition was resisted by the University by filing a detailed counter affidavit. The University denied the statement of the respondent Writ Petitioner that he has scored very high marks for written paper of all subjects of each Semester examination except "Investment Analysis and Portfolio Management" and stated that as is evident from Exts. P1, P2 and P3, the respondent has scored only 50 to 60% marks for many subjects. Similarly he has scored only 77.47% marks for the 3rd Semester and not 80% as stated by him. Para.6 of the counter affidavit filed in the Original Petition is reproduced hereunder: