BENOY THOMAS Vs. VIJAYA BHANU

JUDGEMENT

(1.) The petitioner passed in 2nd Class the 3rd year LL.B, examination conducted by the first respondent, University of Kerala in July 1984 securing 457 marks. According to him he secured the highest marks in the examination. The 2nd respondent, another candidate who also secured 2nd Class in the same examination but only secured 455 marks, has been declared by the first respondent as entitled to the award of the first rank. This is challenged as arbitrary, unreasonable and illegal in this original petition filed under Art.226 of the Constitution of India.

(2.) Admittedly, no candidate who appeared for the 3rd year LL.B, examination conducted by the first respondent in July 1984 secured a first class. The petitioner and the 2nd respondent secured 457 and 455 marks respectively. The petitioner claims to be entitled to the award of the first rank on the ground that he secured the highest marks. The 3rd respondent, yet another candidate in the same examination, got himself impleaded subsequently. His original mark-list shows that he secured 450 marks, 41 marks out of 100 having been awarded to him in Part I First Paper (Public International law) and 51 marks out of 100 having been awarded to him in Part II Paper II (Law of Elections and Law of Local Government). It appears, he applied for revaluation of marks in these two subjects. On revaluation he has been awarded 49 and 56 marks respectively in these two subjects; thereby the total marks secured by him became 463 marks out of 800. Thus, prima facie, it will appear that neither the petitioner nor the 2nd respondent would have any legitimate claim for being awarded the first rank. The original petition is therefore infructuous.

(3.) However, learned counsel appearing for all the parties submitted that the question in controversy in the original petition may be considered.