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2021 Supreme(Online)(KER) 21360
HIGH COURT OF KERALA
AMIT RAWAL, J
JACK AUGUSTINE – Appellant
Versus
MAHATMA GANDHI UNIVERSITY – Respondent
WP(C)/22154/2021
AKHIL GEORGE, THANSEELA M.B., GAJENDRA SINGH RAJPUROHIT
The decision established that fairness in examination processes prevails over delays, especially in instances involving significant errors in question papers.
Headnote:
Examination - Writ Petition - Mahatma Gandhi University - Sections 1, 2, 3 - The court upheld the cancellation of an examination due to out-of-syllabus questions, emphasizing fair assessment and addressing delays caused by the pandemic.
Fact of the Case:
Petitioners challenged the re-examination notice issued by Mahatma Gandhi University after complaints about out-of-syllabus questions in a previously conducted exam. They argued the delay was unjust and hindered their academic progress.
Issues: Whether the re-examination decision due to out-of-syllabus questions was irrational and if the applicants were prejudiced by the university's delay.
Ratio Decidendi: The court determined that integrity in examinations supersedes procedural delays and that a fair assessment method must be upheld even post delays stemming from extraordinary circumstances such as a pandemic.
Final Decision: Writ petition dismissed.
JUDGMENT
In the instant writ petition petitioners have challenged Ext.P4 dated 30.09.2021, whereby the supplementary examination for Fifth Semester Five year Integrated BA (Criminology) LLB (Honors) BA LLB (Honors)/B.Com LLB (Honors)/BBA LLB (Honors) degree examinations of the afÏliated colleges (2017 Admissions Regular/Prior to 2017 Admission Supplementary) Paper “FL-13 “Constitutional Law I” examination, already conducted on 29.01.2021, has been cancelled by the Mahatma Gandhi University and re-examination has been fixed on 26.10.2021.
2. Petitioners, two in number, had taken admission in the BA LLB Course. Petitioners were enrolled in 2012-2017 and 2013-2018 in 5 year B.A. LLB batch respectively. The fifth year supplementary examination was conducted as per the schedule promulgated in January, 2021 on 29.01.2021. Vide Ext.P3 the Vice Chancellor approved the recommendation of the examination board for re-conducting of the examination as certain complaints/ representations were made that the question paper of Constitutional Law I was out of syllabus questions and it would have resulted into benefit to some ineligible candidates in case of awarding of full marks for out of syllabus questions. It is in that background Ext.P4 notification was issued, but it is contended that the said decision has been taken after lapse of nine months, thus the petitioners lost their valuable time.
3. There is no provision for re-examination of the examination thus ineligible students would not be able to secure marks, whereas the petitioners had diligently given the answers to the questions and were expected to clear the 5th Semester supplementary examination.
4. On the other hand, Mr.Surin George, appearing on behalf of the Mahatma Gandhi University contended that the question paper of Constitutional Law I was out of syllabus as it pertained to Constitutional Law II of sixth Semester. Except two questions from the syllabus for Constitutional Law I, rest of the questions consisting of eighty five (85) marks were out of syllabus. It is in that background the Chairperson of the Government Law College, Ernakulam requested the Controller of the Examination for re-examination to avoid unnecessary complication. The aforementioned communication is dated 30.03.2021, copy of which has been handed over during the course of the hearing. The University re- investigated the issue and found the request of the Chairperson to be genuine. The decision should have been taken at the earliest but the pandemic in March, 2021 has resulted into such delay. Still State of Kerala is under Covid Pandemic and yesterday there were around eleven thousand cases.
5. I have heard counsel for the parties and appraised the paper books.
6. As per the averments in the writ petition petitioners had cleared all the examinations except the supplementary examination of fifth semester. It would be totally irrational to accept the request of the petitioners regarding the delay on the part of the University as they would have completed their graduation of law way back in the year 2017-2018. We are in 2021. They have already wasted two years. Thus the aforementioned contention is hereby rejected. The contents of the letter written by the Chairperson of fifth semester to the Controller of examinations, Mahatma Gandhi University is extracted hereinbelow:
“On perusal of the questions of Constitutional Law-I and the Syllabus , it is seen that all the questions except one are based on the syllabus of Constitutional Law II (VI Semester). On analysis and discussion with teachers of Constitutional law, it can be concluded that Question No.13 in Part C (15 marks) is the only question from the syllabus and Question No.6 in Part A (3 marks) being a general question can also be considered positively. Though the maximum marks of the paper is 75 marks, considering the choice questions, in Part A 18 marks, Part B – 40 marks and Part C 45 marks, in total questions of 103 marks are given, out of that only quest
