PREMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a student who was studying in the B.Sc.class in the Government Brennen College,Tellicherry,which college was affiliated to the Calicut University.He had taken Zoology Main and Botany and Chemistry as Subsidiary subjects for Part III of the Degree Examination of Bachelor of Science.Ordinances 5,6,7 and 8 placed before us by counsel appearing in the case,it is agreed before us,contain provisions on the basis of which declaration will have to be made that the candidate has passed the examination in any of the parts.Since the question involved in the case turns on the interpretation of these Ordinances we extract them in full. "5.No candidate shall be declared eligible for the degree of Bachelor of Science(General)unless he has completed the course of studies prescribed and passed the examination in all the subjects under the three parts of the examination,viz .,Part I "English,Part II "Second Language, -Part III "Optional Subjects. 6. Pass Minimum ."A candidate for the Degree of Bachelor of Science shall be declared to have passed the examination in " (i) Part I "English "of the examination if he obtains not less than 35 per cent of the aggregate marks in the three papers comprised in that Part. (ii)Part II "Second Language "of the examination if he obtains not less than 35 per cent of the aggregate marks in the three papers comprised in that Part. (iii)Part III "Optional Subjects "of the examination,if he obtains not less than 35 per cent of the aggregate marks for the main subject with not less than 30 per cent of the marks for each Division of the examination in the main subject and 35 per cent of the aggregate for each of the two subsidiaries. Candidates will have to appear for Part I at the end of the second year and for all the subsidiary subjects at the end of the second year and in the main subject at the end of the third year.Candidates who fail in any one of these need appear again only for the subject in which they have failed.The results of the main subject will be released only after passing all the subsidiary subjects. 7.The Divisions of the examination in Part III shall be as follows:" Group(i)Mathematics and Group(vii)Statistics (a)Main subject. (b)Written and practical examination in each of the subsidiary subjects. Other groups: (a)Written examination in the main subject. (6)Practical examination in the main subject. (c)Written and Practical examinations together in each of the subsidiary subjects. 8. Classification of successful candidates ."Successful candidates who obtain not less than 60 per cent of the marks in any of the Parts I,II or III shall be placed in the First Class in that Part. Successful candidates who obtain less than 60 per cent and not less than 50 per cent of the marks in any of the Parts I,II or III shall be placed in the Second Class in that Part. All other successful candidates obtaining less than 50 per cent of the marks in any of the Parts I,II or III shall be placed in the Third Class in that Part. No candidate who has passed any part or parts of the examination shall be allowed to appear again for that part or parts of the examination passed by him."

(2.) THE question is whether the petitioner is entitled to insist that he be allowed to ignore the examination in Botany that he took and that successfully in the II year of the three year degree course in April 1971 and insist,that he be allow­ed to sit for all the papers and practicals in Part III applicable to him in the examinations that followed.He petitioned the Controller of the Examinations and sought permission to sit for Botany as well in the examination that was to be held next after the examination in April 1971.Ext.P -2 Memo was then issued to him which reads as follows: "UNIVERSITY OF CALICUT Calicut University P.O ., No.Ex.V -12/71 10th September 1971. MEMO In response to the directions contained in the Judgement to O.P.No.3675 of 1971,of the Honourable High Court of Kerala Sri M.C.Premachandran,candidate with Reg.No.8638,II B.Sc.Degree Examination May 1971 is informed that as per sub clause 3 of clause 6 of the ordinances relating to the B.Sc.Degree Examination candidates who get 35 per cent of the aggregate for each of the two subsidiary subjects shall be declared to have passed the examination in that particular subject.He is also informed that as per paragraph 4 of the clause 8 of the,same ordinance no candidate who has passed in part or parts of the examination shall be allowed to appear again for that part or parts of the examination passed by him.In the circum­stances his request for cancelling the examination passed by him and for permitting him to appear for the September 1971 examination in that subject cannot be granted. ( Sd.) Controller of Examinations. To Sri M.C.Premachandran, Laxmi Nivas,Parapfam, Pinarai,Tellicherry. Copy to:"The Principal, Government Brennen College, Tellicherry for information."

(3.) THE petitioner when he appeared in the April 1971 examination did the theory paper in Botany and scored 73 marks out of 120.He did not appear for the practicals in Botany,it is said,because he was taken ill due to eye disease,conjuctivatis.He had therefore withdrawn from the examinations.He had written also for the Chemistry paper in the same examination.For this paper he got only 40 marks out of 120 for the theory.