R.Ganesh, v. The Controller Of Examination

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2017

CORAM:

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1083 of 2017 R.Ganesh ... Appellant/Writ Petitioner .. Vs ..

The Controller of Examination, Anna University, Chennai - 25.

... Respondent/Respondent Prayer: Writ Appeal filed under Clause 15 of The Letters Patent, against the impugned order dated 06.01.2015 passed by this Court in W.P.No.4793 of 2013.

WP.NO.4793 of 2013:

Writ Petition filed under Article 226 of Constitution of India seeking Writ of Mandamus to call for the entire records pertaining to the Answer Sheet in Computer Architecture Exam Answer Sheet For Appellant : Mr.G.Ramakrishnan For Respondent :

Mr.M.Vijayakumar

JUDGMENT

(Judgment of the Court was delivered by HULUVADI G.RAMESH, J.) Writ Appeal is directed against the order dated 06.01.2015 passed by the learned Single Judge, dismissing the writ petition filed by the appellant in W.P.No.4793 of 2013, which was filed to call for the entire records pertaining to the answer sheet in Computer Architecture examination.

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2. Heard the learned counsel for the parties for some time.

3. It appears that, in one of the papers, the appellant/candidate only secured 41 marks, in which, the required qualified marks was 45. According to the learned counsel for the appellant, if the appellant has been given another 15 marks, he would have completed the entire course. But however, as per revaluation, the marks secured by him was only 36. Such being the position, the appellant would not be entitled to get 15 marks added. Suppose, as per the University's requirement, the candidate has completed all the papers except one, wherein the question was given to him invariably, the marks as per the regulation, if any, is awarded, then, he would be entitled for benefit to complete his career successfully for that academic year.

Awarding shortage of 15 marks graciously would not also make up his total marks, since the remedy provided to him is only by way of revaluation of exam papers or reappearing for the examination. Thus, awarding the grace marks in one of the papers to declare him "pass", also would not be reaching the very score of the aggregate marks and even if such marks were awarded, it appears to be by awarding 15 marks, which would be needed to complete the course as per the regulation of the examination and then, the appellant invariably has to re-write the exam without waiting for the further orders of this Court.

4. The Writ Appeal is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar Jrl To The Controller of Examination, Anna University, Chennai - 25.

+ 1 cc to Mr.M.Vijayakumar Advocate,SR.73561 + 1 cc to M/s.S.Saravanan, Advocate,SR.73055 W.A.No.1083 of 2017 NR 16/11/2017 https://hcservices.ecourts.gov.in/hcservices/