LAWS(KER)-2013-5-104

REGISTRAR KERALA UNIVERSITY Vs. STATE OF KERALA

Decided On May 28, 2013
Registrar Kerala University Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) ONE of the primary Universities in the State, named after the State, is before us in appeal and the disconcerting facts reveal how an institute of learning can be reduced to a platform for mud-slinging between teachers themselves, including the students too.

(2.) THE appeal, against an interim order, is placed before us for consideration after the earlier interim order was refused to be interfered with by us on the ground that the appellant-University could raise all their contentions before the learned Single Judge itself. The appellants having placed their case before the learned Single Judge and argued it elaborately, the interim order was made absolute, which the University impugn before us.

(3.) ACCORDING to the 2nd respondent, the external examiner's allegations were enquired into and it was found that the invigilator at the time of examination, one Dr.C.A.Shaila of the very same Department, had dictated some questions, which were answered by the students. Immediately thereafter by Exhibit P3 dated 28.03.2012 the 2nd respondent informed the 3rd appellant about the said incident and also intimated the refusal of the aforementioned Dr.C.A.Shaila, who was the internal examiner, to value the answer books. In such circumstance, the 2nd respondent herself valued the papers, as authorized, and having found the allegations of the external examiner to be true and having awarded almost similar marks to the three students, forwarded the mark-sheet, Exhibit P6, with a qualification that the serious complaint reported by the external examiner and found true; warrant the scrapping of the examination and a re-examination by an external agency.