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2022 Supreme(Online)(KER) 16704
HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
EVANIA S PALAKKAL – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C)/20703/2022
BABU S. NAIR, SMITHA BABU
The examination manual's provisions governing revaluation take precedence, allowing for double valuation subjects to be excluded from revaluation.
Headnote:
Education - Examination Procedure - Manual Reference List - The court evaluated the validity of a circular restricting revaluation based on double valuation, interpreting provisions in the relevant examination manual, ultimately concluding that the circular was not arbitrary and did not contravene established regulations.
Fact of the Case:
The petitioner, a minor student, challenged a circular that prohibited revaluation of certain subjects after obtaining unexpectedly low marks in the Plus Two Examination 2022 despite prior good performance in the 1st year exams. The Principal denied the revaluation application based on the circular.
Finding of the Court:
The court found no discrepancies in the marks awarded upon reviewing the answer sheets, supported by the double valuation process, and upheld the validity of the circular as it aligned with the manual's provisions regarding revaluation.
Issues: Whether the circular prohibiting revaluation of subjects with double valuation contravenes the higher secondary examination manual, and if the petitioner is entitled to relief concerning revaluation.
Ratio Decidendi: The circular was held valid as it was in line with the manual regulations that expressly specified that revaluation is permissible only for subjects undergoing single valuation, reinforcing the authority of the examination manual over circular directives.
Final Decision: The petition was dismissed but permitted the petitioner to apply for photocopies of her answer sheets.
The petitioner, a minor student, has approached this Court through her guardian challenging Ext.P3 Circular dated 21.6.2022 issued by the 2nd respondent insofar as it states that for those subjects of the Plus Two Examination, 2022 in respect of which double valuation was carried out, there shall not be any revaluation and scrutiny. She has also sought for issuance of a direction to the respondents to accept the application for revaluation for the subjects, Physics, Chemistry and Mathematics.
2. The petitioner states that she pursued her Plus Two course at the 3rd respondent school and appeared for the examinations for the year 2022. She asserts that she is very studious and had scored good marks for Physics, Chemistry, and Mathematics during the 1st year examinations. However, when Plus Two results were announced, she was shocked to find that she had secured very low marks for the written examination. Reliance is placed on Ext.P2 result sheet to substantiate her contention. In the said circumstances, an application for revaluation of the answer sheets except Hindi was submitted. However, the Principal, relying on Ext.P3 circular, did not accept the application on the ground that no revaluation or scrutiny can be done in respect of those subjects where double valuation was conducted.
According to the petitioner, Ext.P3 Circular would go against Ext.P4 Manual of Higher Secondary Examination Rules, 2022 issued by the Department of Higher Secondary Education as there is no similar interdiction in the Manual. It is in the afore circumstances, that this writ petition is filed seeking the following reliefs:
(i) call for the records leading to Exhibit P3 and quash the same to the extent of denying revaluation and scrutiny of answer scripts of Physics, Chemistry and Mathematics (ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to accept the application form and prescribed fee from the petitioner for the revaluation of Physics, chemistry and Mathematics.
3. When the matter had come up for consideration on 24.06.2022, this Court had passed the following order:
“ Smt.Smitha Babu, the learned counsel appearing for the petitioner submitted that the petitioner is a brilliant student, who had secured excellent marks in her Higher Secondary Examinations-2022. But when the Plus-Two results were announced, she found that the marks awarded to her is perilously low and not commensurate with the marks obtained by her for the 1st year examination. According to the petitioner, though an application for revaluation was submitted, the same was not accepted in view of Ext.P3 circular dated 21.06.2022 wherein it is stated that there cannot be any revaluation for the subjects Physics, Chemistry and Mathematics. The learned counsel submits that the last date for applying for revaluation is 27.06.2022 and therefore she prays for issuance of an interim direction to accept the application, pending further consideration of the writ petition.
The learned Government Pleader points out that the assertions made by the petitioner in the writ petition are not correct. According to the learned Government Pleader, in Chapter IV of Ext.P4 Manual of Higher Secondary Examinations , it has been stated in unequivocal terms that answer scripts of the 2nd year Physics, Chemistry and Mathematics would be subjected to double valuation. Reference is also made by the Government Pleader to Chapter 6 Clause 5 of Ext. P4 Manual and it is submitted that the application for revaluation/scrutiny of answer scripts that have undergone double evaluation shall not be permitted. According to the learned Government Pleader, the assertions made by the petitioner that Ext.P3 circular was arbitrarily issued after the examinations cannot be sustained. The learned Government Pleader also pointed out that all that the petitioner has sought for is to quash Ext.P3 and no challenge has been mounted against the Examination Manual which
