ALEX SAJI Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) These original petitions involve a common question regarding the revaluation of the answer books of the petitioners and the validity of the guidelines adopted by the University of Kerala to the effect that the benefit of revaluation will not be available if the candidate secured less than 5% of the maximum marks of the paper as a result of the revaluation. The petitioner in O.P.No. 14206/93 secured 14 out of 60 and 48 out of 90 in the Mathematics Papers I and II respectively. The petitioner wanted to join the professional course for which an entrance examination is conducted by the Commissioner for Entrance Examinations. The petitioner who belongs to Other Backward Community must obtain a minimum of 45% of the 150 marks for Mathematics Papers I and II, in order to secure admission to the Engineering course in case he passes the entrance examination. Therefore, he applied for revaluation of his Mathematics papers. As a result of a revaluation, he obtained 18 and 50 marks in Mathematics I and II papers respectively. According to the University, there is only 5% and 2% increase in the marks after revaluation. Therefore, the petitioner was not given the benefit of the revalued marks in accordance with the guidelines prescribed by the University. In O.P. No. 10738/94, it is the same Mathematics paper which stood in the way of the petitioner getting admission to the professional course. In the mathematics second paper, the petitioner originally obtained 18 marks. In the first revaluation, he got 20 marks and in the second revaluation he got 17 marks. Therefore, the average of the two revaluations is 19. Applying the same guidelines, the petitioner was not given the benefit of the revaluation. In this connection, it is interesting to note that the two petitioners could not satisfy the eligibility for admission to professional course by 0.5 and 1 mark respectively.

(2.) The counter affidavit filed on behalf of the University reveals the following facts. Clause.25 of Chapter VII of the Kerala University First Ordinances 1970 empowers the Syndicate to frame such guidelines for the efficient conduct of the examinations and to keep up the integrity of the examinations. The present guideline for revaluation was issued on 3.7.1991. According to the provisions in the guidelines each answer paper is got revalued independently by two examiners of the subject and the result is finalised taking into account the average marks obtained in the two revaluations, subject to the norms relating to the percentage of the increase in marks for effecting change in the original marks. Clause.9 of the guidelines reads as follows:

(3.) In answer to the contentions raised by the petitioner in O.P.No. 14206/93 it was stated in the counter affidavit as follows: