CHANDRASEKARAN PILLAI N. Vs. RANI DURGAWATI VISHWAVIDYALAYA

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, petitioner seeks issuance of writ of mandamus or any other suitable writ direction or order against the respondent University for declaring his result of M.A. Previous and Final Examinations of the year 1995.

(2.) FACTS giving rise to this petition are thus : The petitioner first appeared as a regular student in the examination of M.A. Final in History conducted in the year 1986. The petitioner obtained aggregate marks 423 out of 800 and was declared pass in Second Division. After that the petitioner did his research work and was awarded Ph. D. from the respondent University, vide notification No. Conf/IBC/92/5 dated 28.2.1992. Thereafter, the petitioner applied for his appointment for the post of lecturer in Kerala University where necessary requirement was of obtaining 55% aggregate marks in M.A. Previous and Final Examination. As the marks obtained by the petitioner were below 557/ the petitioner obtained permission from the respondent to appear in the examination of M. A. Previous and Final examination in the same subject afresh for improving his Division. The petitioner submits that he was successful in the examination, 21 of the Ordinance 25. A person who so appears in the examination in the same subject can improve his division and not the marks. The petitioner could not obtain the marks so as to improve his Division from second Division to First, therefore, his result was not declared.

(3.) ADMITTEDLY , the petitioner was allowed to appear in the examination under clause 21 of the Ordinance 25 (Revised) to improve his division from second to first so that after being successful may secure the degree of Master of Arts in the form prescribed by the Academic Council duly signed by the Kulpati. Clause 21 and 22 arc reproduced below :