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2020 Supreme(Online)(KER) 33051

HIGH COURT OF KERALA
C.S. DIAS, J
ALBIN JAMES, – Appellant
Versus
MAHATMA GANDHI UNIVERSITY, – Respondent
WP(C)/10419/2020



Judicial intervention is warranted to ensure timely academic processes are honored, especially during exceptional circumstances.

Headnote:

Revaluation - Delay - None - Judicial intervention for swift execution.

Fact of the Case:

Petitioners sought revaluation of their answer papers for Organic Reaction Mechanism due to undue delay by the university, which caused hardship, despite passing other subjects.

Issues: Whether the university should be compelled to complete the revaluation of the petitioners' answer papers in a timely manner.

Ratio Decidendi: The court emphasized the need for timely academic processes and the discrimination faced by petitioners due to inaction on their revaluation requests.

Final Decision: Writ petition allowed; university directed to complete revaluation by 31.07.2020.

JUDGMENT

The grievance of the petitioners pertain to the delay on the part of the second respondent in conducting the revaluation of the petitioners' answer papers for the subject CH2C06-Organic Reaction Mechanism.

2. It is the case of the petitioners that, though they had passed in all the other subjects, they did not secure a pass in the above subject. They have submitted applications for revaluation as evidenced by Exts P2 to P2(b). But, the second respondent has not taken any action on the same, which is causing severe prejudice and hardship to the petitioners. The petitioners rely on the judgment in WP(C) No.34449 of 2017 passed by this Court, to seek a direction to the second respondent to complete the revaluation process in a time bound manner.

3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents

1 and 2.

4. The learned counsel for the petitioners reiterated the contentions pleaded in the writ petition. He prayed that the first and second respondents may be directed to complete the revaluation process within a time frame. The learned Standing Counsel for the respondents 1 and 2 submitted that due to the Covid-19 pandemic, the entire valuation process in the University has gone haywire. However, he on instructions submitted that the University has assured the revaluation of the petitioners' answer sheets would be completed on or before 31.07.2020. Recording the above submission, I allow this writ petition by directing the second respondent to complete the revaluation of the above answer papers of the petitioners pertaining to the above mentioned subject, as expeditiously as possible, at any rate on or before 31.7.2020.

This writ petition is ordered accordingly.

Sd/- C.S.DIAS SKS/10.6.2020 JUDGE APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RESULT TO THE 1ST PETITIONER IN RESPECT OF THE 2ND SEMESTER EXAMINATION JUNE 2019.

EXHIBIT P1(A) TRUE COPY OF RESULT OF THE 2ND PETITIONER IN RESPECT OF THE 2ND SEMESTER EXAMINATION JUNE 2019.

EXHIBIT P2 TRUE COPY OF THE E-RECEIPT IN RESPECT OF APPLICATION NO.202837 FOR REVALUATION SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT P2 (A) TRUE COPY OF THE E-RECEIPT IN RESPECT OF APPLICATION NO.202982 FOR REVALUATION SUBMITTED BY THE 2ND PETITIONER.

EXHIBIT P2 (B) TRUE COPY OF THE E-RECEIPT IN RESPECT OF APPLICATION NO.202915 FOR REVALUATION SUBMITTED BY THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 07/04/2020 SUBMITTED BY THE 1ST PETITIONER TO THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY.

EXHIBIT P3(A) TRUE COPY OF THE DATED 21/04/2020 SUBMITTED BY THE 2ND PETITIONER TO THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED

01/11/2017 IN WPC NO.34449/2017 OF THE HON'BLE COURT.

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