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2013 Supreme(Online)(KER) 42228
HIGH COURT OF KERALA
K VINOD CHANDRAN, J
CHRISTY MOHAN – Appellant
Versus
CONTROLLER OF EXAMINATION – Respondent
WRIT PETITION (CIVIL) 29014/2013
A student may be allowed to take an examination pending revaluation results if it ensures fairness and does not violate university regulations.
Headnote:
Revaluation - Examination - University Act Section List - The court directed the university to allow the petitioner to appear for the fourth-year examination, contingent on passing prior years, emphasizing timely action on revaluation applications.
Fact of the Case:
The petitioner, a B.Sc. Nursing student, failed first and third-year exams and applied for revaluation. She sought permission to take the fourth-year exam while awaiting revaluation results, which were pending and outside the submission deadlines.
Finding of the Court:
The court found it reasonable to allow the petitioner to sit for the fourth-year examination. The court noted the pending revaluation process and directed the university to issue the hall ticket, conditional on the results of the earlier exams.
Issues: Whether the petitioner should be allowed to sit for the fourth-year examination despite failing the prior years and pending revaluation results.
Ratio Decidendi: The court emphasized the importance of fairness and timely evaluation, allowing the petitioner to take the exams while ensuring results would only be released upon qualification.
Final Decision: The writ petition is disposed of, allowing the petitioner to sit for her fourth-year exams.
JUDGMENT
The petitioner is a student of B.Sc. Nursing under the second respondent University, appearing through the fourth respondent college. The petitioner is doing the fourth year of the course and has failed to qualify the first and third years, for which she appeared for supplementary examination conducted by the University in March - April 2013. Again the petitioner has failed in the said examinations. But, however, the petitioner has applied for revaluation by Exts.P3 and P6 and the same is pending consideration by the University. The learned Standing Counsel for the University on instructions submits, that the last date for submitting application for revaluation of the first year examination was on 27.11.2013 and that of the third year examination was 25.11.2013. The learned Standing Counsel undertakes that the revaluation would be completed within a period of 45 days from the last date of revaluation. The remaining grievance of the petitioner is that, she would not be able to appear for the fourth year examination scheduled in November 2013. In such circumstance, the petitioner having applied for revaluation, it is deemed fit that the petitioner be permitted to appear for the fourth year examinations commencing tomorrow. But, however, the results shall be published only if she has qualified in the first and third year examinations. The petitioner is directed to appear before the Registrar of the University today itself so that the petitioner can be issued the hall ticket for the examination.
The writ petition is disposed of. No costs.
K.Vinod Chandran, Judge DMR/-
