UNIVERSITY OF KERALA Vs. MOLLOY FRANCIS

JUDGEMENT

(1.) This appeal is filed by the University of Kerala represented by its Registrar. The suit was for damages. The plaintiff was a student of Alphonsa Women's College, Palai during the year 1981-84 for B.A. Degree Course. She wrote her final B.A. examination in April, 1984 and she was declared failed in subsidiary subject "Indian History". The plaintiff applied for revaluation and after the revaluation she was declared passed as she secured 36 marks. The result was not declared before the September examination in which she obtained 55 marks in Indian History. The result of the revaluation was published only in June, 1985. According to the plaintiff she suffered serious loss and mental agony by reason of the failure of the defendant in not publishing the result before the September examination and she lost one year on account of the default of the University. She therefore claimed damages to the extent of Rs. 33, 000/-. Since the university refused to pay the amount even after notice the suit was filed.

(2.) In the written statement filed by the defendant it was stated that the averment in the plaint that revaluation has to be done within 45 days is not correct. Rule 22 of Chapter 7 of Kerala University First Ordinance 1978 permitted the students to apply for revaluation. It is contended that on the reverse page of the application which contained the instructions to candidates it is stated that university can never set in any case a time limit for the issue of the results of revaluation. Hence the university cannot be held to be liable for the delay in issuing the results. There is no Rule which prescribes any specific time within which revaluation of answer papers should be completed and results intimated to the candidates. The claim for compensation is per as unsustainable and illusory and it is not admissible under any provision of law. It is also contended that there is no deliberate action on the part of the defendant in delaying the publication of the result. The allegation that the plaintiff suffered loss and mental agony is also denied. The opportunity for revaluation is granted as a matter of grace.

(3.) After framing necessary issues the trial Court decreed the suit awarding an amount of Rs. 14.000/- with interest at the rate of 6% as damages. The trial Court found that the university took 8 months in conducting the process of revaluation and informing the results to the candidate. It was found that a wrong valuation is a wrong done to the candidate and when the candidate seeks revaluation and the publication of the result of revaluation is unduly delayed it will lead to loss of one precious academic year and therefore the plaintiff is entitled to realise compensation from the university. The trial Court awarded Rs. 10, 000/- for mental agony. For loss of one year and for preparation and writing of September examination the trial Court awarded Rs. 3, 000/- and Rs. 1, 000/- respectively.