Arjun C. Bhaskar v. Controller of Examination, University Of Kerala
2020-11-03
DEVAN RAMACHANDRAN
body2020
DigiLaw.ai
JUDGMENT : The petitioner says that he is pursuing the five year integrated law course, comprising B.Com and LLB degrees, with the 2nd respondent Kerala Law Academy College, which is affiliated to the University of Kerala. He submits that when he had appeared for the final year examinations, he had secured very low marks in the internal assessment of two subjects, namely, 'Interpretation of statues and principles of legislation' and 'Law of Evidence' and therefore that he failed in the examination. 2. The petitioner says that he thereafter, applied and appeared for the supplementary examinations that were held in November 2019; and that the University subsequently come out with a notification, dated 12.12.2019 - a copy of which has been placed on record as Ext.P1 –permitting students to redo their internal evaluation also. He says that, he has thus redone the internal assessment pursuant to the said notification, scoring 16 marks each in the aforementioned two subjects; and thus prays that, these marks directed to be added on to his supplementary examination marks, so that he can secure a pass. 3. However, in response of the afore submissions of Sri.Nikhil K.Gopinath, learned counsel for the petitioner, Sri. Thomas Abraham, learned Standing Counsel for the University, submitted that going by Ext.P1 strictly, a student who improves his/her internal assessment as a special appearance, will have to forgo the marks in his earlier written examinations and will have to consequently re-appear in the same for the concerned papers. He, however, conceded, to a pointed question from this Court, that Ext.P1 notification had been delayed on account of various factors and that since the petitioner had already taken the supplementary examinations in November, 2019, it might cause prejudice to him to again write that examination, merely because he had availed a second chance at internal evaluation as sanctioned in the said notification. He nevertheless submitted that, since Ext.P1 specifies that the student will have to redo the external examinations also, the University has no other option but to insist so. 4. When I examine Ext.P1, it is inevitable therefrom that a student who applies for redoing his/her internal assessment, will have to appear for the external examinations thereafter in the concerned subjects.
He nevertheless submitted that, since Ext.P1 specifies that the student will have to redo the external examinations also, the University has no other option but to insist so. 4. When I examine Ext.P1, it is inevitable therefrom that a student who applies for redoing his/her internal assessment, will have to appear for the external examinations thereafter in the concerned subjects. Certainly, the intention of the University appears to be that when a student obtains a chance to redo his internal examinations, he or she will have to do the external examination simultaneously or thereafter, so as to have the final mark list incorporated with those marks. 5. However, in the case at hand, it is without doubt that the petitioner had originally appeared for the main examination and had been awarded Ext.P4 marklist, wherein, he has been shown to have failed. It is therefore, that he had appeared for the supplementary examinations in November, 2019; and he thereupon availed the benefit of Ext.P1 notification to redo the internal examination also. 6. Obviously therefore, the purpose behind insisting that a student should do an external examination after redoing the internal examination has been met in this case because the petitioner has already written the supplementary examinations; while he had redone assessment, albeit subsequently. 7. The irony of the situation is that had Ext.P1 been published prior to the supplementary examinations, then the petitioner could have got the benefit of such examinations, along with the valuation in the redone internal assessment. Therefore, merely because Ext.P1 notification had been delayed till 12.12.2019, the petitioner is being now forced to write the external examinations again, even after he had appeared for the supplementary examinations in November, 2019. 8. I, therefore, am of the firm opinion that this will amount to double jeopardy for the petitioner and it would not be necessary to subject to such a trauma, particularly when he has written the supplementary examination and has also redone his internal examination legally pursuant to Ext.P1. 9. In the afore circumstances, I order this writ petition and direct the University to issue a mark list to the petitioner taking note of his marks in the supplementary examination held in November, 2019, along with the internal assessment marks which he obtained pursuant to Ext.P1.
9. In the afore circumstances, I order this writ petition and direct the University to issue a mark list to the petitioner taking note of his marks in the supplementary examination held in November, 2019, along with the internal assessment marks which he obtained pursuant to Ext.P1. This shall be done without any avoidable delay and within a period of three weeks from the date of receipt of a copy of this judgment. This writ petition is thus ordered.