LAWS(KER)-2012-5-64

MUHAMMED JOUHAR Vs. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR CUSAT CAMPUS KALAMASSERY

Decided On May 18, 2012
MUHAMMED JOUHAR, AGED 22 YEARS S/O.ALI, HILAL MAHAL, MIDDLE VALLEY KAVANOOR POST, MALAPPURAM TEMPORARILY RESIDING AT KALAMASSERY ERNAKULAM Appellant
V/S
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, CUSAT CAMPUS KALAMASSERY Respondents

JUDGEMENT

(1.) THE petitioners are the students of a College affiliated to the Cochin University. THE petitioners are aggrieved by the non publication of revaluation results.

(2.) THE petitioners having failed in certain subjects included in the curriculum of the previous semester, had applied for revaluation of the same immediately after the results came and within the time stipulated by the University. Exhibits P1(a), P2(a), P3(a)and P4(a) are receipts evidencing payment of fees for revaluation, all of which are dated 30.4.2012, 4.5.2012, 30.4.2012 and 24.4.2012. THE grievance of the petitioners are multi fold, in the sense that the non publication of the results within the specified time would stultify their chances of attending the campus interviews, force them to appear for the very same examinations again and so on and so forth. THE petitioners rely on the judgment reported in Nithya v. Cochin University of Science & Technology (2012 (1) KLT 584), wherein a learned Single Judge of this Court laid down broad guidelines for effecting an expeditious disposal of applications for revaluation and also expressed the Court's dismay at the Universities not having framed appropriate regulations for the said purpose. While hoping that the same would be done, the learned Single Judge also issued a specific direction that in respect of revaluation, the directions issued by the Court shall be strictly complied with and the failure to do so would be at the risk of cost and damages that the Court may deem fit in appropriate cases. In paragraph 7(h), this Court prescribed a period of 45 days from the last date fixed for applying for revaluation; for publication of revaluation results. Learned Standing Counsel for the University fairly submitted that though no appeal has been filed against the judgment, the University has filed a review seeking only more time for publication of the results. In any event, at this point of time, it cannot be disputed that the decision cited supra is binding on all the Universities and the revaluation results are to be published within 45 days from the last date of submitting application for revaluation; failure of which would expose the respondent to the risk of cost and damages.