SREERAJ S. PAI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) Certain students of the University of Kerala, face a rather unusual situation, where the marks obtained by them through a process of revaluation have been sought to be recalled by the University and subjected to further valuations for the singular cause that its variations, consequent upon revaluation, has exceeded a certain percentage of marks originally obtained by them.

(2.) The petitioners in these cases - which are factually autologous and involving singular, if not identical, legal assertions, thus deserving to be considered together - were students pursuing various courses of study in Colleges affiliated to the University of Kerala and they say that they have been constrained to assail the decision of the Syndicate of the University, dated 28.04.2020; and the resultant University Order dated 27.5.2020 - as per which, it has been stipulated that in the case of a paper being awarded more than 10% variation in marks through revaluation, it shall be valued again; and further that if the marks secured after this is higher than the original marks by 10% of the maximum marks of the paper concerned, a further revaluation will be done; with the average of these two being finally awarded to the candidate - to the extent to which it orders retrospective application to cases prior to it.

(3.) The petitioners assert that the Syndicate of the University obtain no competence to have decided to apply the rigour of the above decision retrospectively with effect from 15.06.2019, which is, in fact, the date of an earlier University order which mandated that only one revaluation be allowed and the 2nd and 3rd revaluations - which were available until that time - be discontinued.