ARJUN C. BHASKAR Vs. CONTROLLER OF EXAMINATION

JUDGEMENT

(1.) The petitioner says that he is pursuing the five year integrated law course, comprising B.Com and LLB degrees, with the 2nd respondent Kerala Law Academy College, which is affiliated to the University of Kerala. He submits that when he had appeared for the final year examinations, he had secured very low marks in the internal assessment of two subjects, namely, 'Interpretation of statues and principles of legislation' and 'Law of Evidence' and therefore that he failed in the examination.

(2.) The petitioner says that he thereafter, applied and appeared for the supplementary examinations that were held in November 2019; and that the University subsequently come out with a notification, dated 12.12.2019 - a copy of which has been placed on record as Ext.P1 - permitting students to redo their internal evaluation also. He says that, he has thus redone the internal assessment pursuant to the said notification, scoring 16 marks each in the aforementioned two subjects; and thus prays that, these marks directed to be added on to his supplementary examination marks, so that he can secure a pass.

(3.) However, in response of the afore submissions of Sri.Nikhil K.Gopinath, learned counsel for the petitioner, Sri. Thomas Abraham, learned Standing Counsel for the University, submitted that going by Ext.P1 strictly, a student who improves his/her internal assessment as a special appearance, will have to forgo the marks in his earlier written examinations and will have to consequently re-appear in the same for the concerned papers. He, however, conceded, to a pointed question from this Court, that Ext.P1 notification had been delayed on account of various factors and that since the petitioner had already taken the supplementary examinations in November, 2019, it might cause prejudice to him to again write that examination, merely because he had availed a second chance at internal evaluation as sanctioned in the said notification. He nevertheless submitted that, since Ext.P1 specifies that the student will have to redo the external examinations also, the University has no other option but to insist so.