DEEN SIS JOCKY Vs. COCHIN UNIVERSITY OF SCIENCE

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondents to conduct a further evaluation of Ext.P3 answer book, as per Ext.P4 Key of Valuation. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner was a B.Tech - Computer Science student during 2010-2014 in IHRD College of Engineering, Poonjar, a college affiliated to the 1st respondent. Since he failed in one paper in B.Tech degree, III Semester viz., Electronic Devices and Circuits (2006 Scheme), he appeared for the said paper in the Supplementary Examination during November, 2016. The result was published on 21.04.2017 and the petitioner failed in the said paper. According to the petitioner, it was informed that, petitioner got only 29 marks in the examination, whereas, 45 marks is required for a pass.

(3.) A counter affidavit is filed by the respondents, refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, while forwarding photocopies of examination materials, it was informed that, request for further action, if any, on this will not be entertained or replied to, since there is no provision in the Examination Regulations for a further valuation after re- valuation. It is also submitted that, this Court had occasion to consider a similar issue in W.P.(C) No.11592 of 2013 and the same was dismissed, holding that there can be no second revaluation, relying on the judgment of the apex court in 'West Bengal Council of Higher Education v. Ayan Das' [2007 (8) SCC 242 : 2007 (4) KLT 535], wherein it is held that, in the absence of a statutory provision, the court cannot direct re-assessment or re-examination of answer paper, since there should be a finality to the public examinations conducted by any University. A copy of the judgment in W.P.(C) No.11592 of 2013 is produced as Ext.R1(a).