UNIVERSITY OF KERALA Vs. THOMAS SAMUEL

JUDGEMENT

(1.) Both these writ appeals arise from a common judgment rendered by a learned single Judge disposing of O. P. Nos. 1989 of 1997 and 1408 of 1997. O. P. No. 1989 of 1997 was filed by two students who were studying for the first year pre degree course under the Kerala University. O. P. No. 1408 of 1997 was filed by one Rajan Varghese, on behalf of his son, Rajesh Varghese, a student of the first year pre degree course of Mar Ivanios College.

(2.) After the SSLC examination, the students have to undergo a two year pre degree course before joining the degree course. Pre degree course is of two years duration and the students opt for their elected subjects so that they can prosecute higher studies in the subjects they like. Till 1994, the procedure regarding examination was as follows: At the end of the first year, the University has to conduct an examination. At the end of the 2nd year, the final examination is conducted. The success in the final year examination depends upon the total marks obtained by the students in the first year examination as well as the 2nd year examination. No student fails in the first year, as a student can automatically go into the second year.

(3.) From the academic year 1994, the Kerala University changed the procedure of examinations. A new scheme called 'The Unified and Restructured Pre degree Course Scheme' was introduced by the University of Kerala in 1996. This is produced as Ext. P1 alongwith O. P. No. 1989 of 1997. As per this Scheme, first year pre degree examination will be covered fully through internal examinations and second year pre degree examination will be covered fully through external examination. The college will conduct the internal examination on behalf of the University. All students are expected to get 33% for each of the five papers in order to qualify them to take the second year pre degree examination to be held by the University. Those who fail to get 33% in any paper will get two more chances to qualify themselves for the second year pre degree examination to be held by the college. So far as the second year pre degree examination is concerned, a minimum of 35% is required for each of the five papers. The important deviation from the previous procedure was that the marks obtained in the first year examination will not be added to the second year examination, So the success or failure in the pre degree examination ultimately depends upon the marks obtained in the second year pre degree examination. This scheme was introduced from the academic year 1994 - 95 onwards.