ABY D JOHN Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The 25 petitioners are studying for the award of the Degree of Bachelor of Architecture. They had joined the course under the 1993 Scheme promulgated by the University of Kerala. Under the said Scheme, the University had made the following Regulation:

(2.) Mr. Gopakumar, learned counsel for the appellants, contends that the result of a candidate should be declared on the basis of the marks actually secured by him. The number of attempts in which a candidate qualifies the examination are irrelevant. If a student secures more than 60% marks he has a right to be placed in the first class. The action in placing him in the second class is arbitrary.

(3.) The impugned provision embodies a simple rule. If a candidate passes the examination in the first attempt he shall be allotted the class according to his score. In the event of the examination being passed in more than one attempt, the candidate shall be entitled to be placed only in the second class. There is a clear rationale behind the rule. The candidate who passes in the first attempt is considered superior to a candidate who makes more than one attempt in the same examination. Resultantly, the credit of higher marks secured as a result of more than one attempt is denied. Per se the rule is not arbitrary. It reflects a policy evolved by the experts in the field. It is not shown to be violative of any statutory provision. Thus, we find that the view taken by the academic bodies deserves to be accepted.