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Kerala High Court · body

2015 DIGILAW 61 (KER)

V. v. Rathanjith VS University of Calicut, represented by its Registrar, Malappuram

2015-01-21

K.VINOD CHANDRAN

body2015
Judgment 1. The petitioner is aggrieved with the failure in the examination, for reason of there being out of syllabus questions in the question paper. The petitioner admittedly appeared for B.Com Special Supplementary Examinations in February, 2014. The petitioner submits that as per Ext.P1 notification issued on 20.11.2013, there were questions out of syllabus totalling 34 marks which was objected to by the students in the examination hall and a representation filed before the Chief Examiner. It is to be immediately noticed that no such representation has been produced in the above writ petition. 2. Obviously none of the students objected to the same, after the examinations, before any authority of the University. The results were published. When the petitioner was revealed to have failed for one paper, for 3 marks, the petitioner then filed a representation (Ext.P5) raking up the issue of out-of-syllabus questions. 3. The learned Standing counsel appearing for the University submits that the entire valuation has been completed and the results have been published and now there can be no re-evaluation effected. It is also submitted that there is no provision for revaluation and there is a specific interdiction in the regulations. 4. In such circumstances, this Court is of the opinion that, by reason of the delay caused and the petitioner having not chosen to agitate his cause at the appropriate time, it would not be proper for this Court to invoke the extra ordinary power under Article 226 of the Constitution. The petitioner has approached this court only on realizing that he has failed in a paper, raising a contention, that there were out-of-syllabus questions; in the question paper. Ext.P1 notification admittedly was issued on 20.11.2013 and the examination was conducted in February, 2014. The petitioner was aware of the notification and the portions which were excluded in Ext.P1 notification, even at the time of the examination. The writ petition is found to be devoid of merit and the same, is hence dismissed. No costs.