UNIVERSITY OF CALICUT Vs. SREESHMA K.S.

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the respondents in W.P.(C)No.36371 of 2024, challenging the judgment dtd. 18/12/2024 passed by the learned Single Judge, whereby the appellants were directed to extend the benefit of moderation provided as per Ext.P2 order dtd. 13/3/2013 bearing UO No.731/2013/CU issued by the 1st appellant to the respondent/writ petitioner in the light of the marks obtained by the respondent in the supplementary examination held in September, 2021 for LLB Five Year Course (2007-2012), within a period of two months.

(2.) The respondent, a five-year LLB student of the Government Law College, Kozhikode, completed her studies during 2007 - 2012. She studied in the 2000 Scheme, which applies to the students who got admission from the year 2000. She had backlog of some subjects and cleared all the failed subjects in the supplementary examination conducted in September 2021, except one paper in the Fourth Semester viz. History of Courts, Legislature and Legal Profession in India-II. She secured 19 marks out of total 50 in that paper. The minimum mark required to pass the subject is 25 out of 50. Claiming that in view of Ext.P2 order dtd. 13/3/2013 issued by the 1st appellant, she is entitled to a moderation of 20 marks which will make her pass in that subject and it was denied to her by the University, she approached this Court by filing the writ petition under Article 226 of the Constitution of India.

(3.) The appellants filed a counter-affidavit dtd. 4/12/2024 in the writ petition, producing therewith Ext.R1(a) document and opposing the prayers in the writ petition. Paragraphs 3 to 5 of that counter affidavit read thus: