High Court of KeralaWP(C)/25058/2015disposed of

Helan Bivera v. Mahatma Gandhi University

2015-10-09Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 WP(C).No. 25058 of 2015 (F) ---------------------------- PETITIONER(S):

-------------------------- HELAN BIVERA AGED 22 YEARS GAIETY HOUSE, ASARIPARAMBU ROAD, EDAPALLY.P.O. COCHIN-268 204.

BY ADV. SRI.A.G.BASIL RESPONDENT(S):

----------------------------

1. MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS KOTTAYAM-686 560.

2. CONTROLLER OF EXAMINATIONS MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS KOTTAYAM-686 560.

3. VICE CHANCELLOR AND CHAIRMAN SYNDICATE, MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, KOTTAYAM-686 560.

R1-R3 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25058 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE REVALUATION APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT UNIVERSITY.

P2- TRUE COPY OF THE MEMO NO.EJ 1/204 DATED 16.07.2015 ISSUED BY THE RESPONDENT UNIVERSITY TO THE PETITIONER COMMUNICATING THE REVALUATION REPORT.

P3- TRUE COPY OF THE COVERING LETTER NO.EJ 1/204/KOTTAYAM DATED 06.08.2015, ALONG WITH PHOTO COPY OF THE VALUED ANSWER SCRIPT. P4- TRUE COPY OF THE REPRESENTATION DATED 10.08.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

P5- TRUE COPY OF THE NOTIFICATION DATED 07.07.2012 OF THE RESPONDENT UNIVERSITY.

P6- TRUE COPY OF THE QUESTION PAPER NO.F3133 GIVEN TO THE PETITIONER BY THE RESPONDENT UNIVERSITY.

P7- TRUE COPY OF THE MARKLIST OF THE PETITIONER SECURING 26 MARKS IN ELECTRIC CIRCUIT THEORY BY THE PETITIONER IN ELECTRIC CIRCUIT THEORY. P8- TRUE COPY OF THE UNIVERSITY MEMO DATED 21.08.2013 SERVICED TO THE PETITIONER INFORMING THAT THE 26 MARKS OBTAINED BY THE PETITIONER HAS BEEN REVISED TO 34 MARKS, ON REVALUATION.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R2(A)- TRUE COPY OF THE JUDGMENT DATED 30.10.2014 IN W.P(C)26976/14 OF THIS HON'BLE COURT.

TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 25058 OF 2015 --------------------------------------- Dated this the 9th day of October, 2015

JUDGMENT

The petitioner was asked to identify her answer script in Electric Circuit Theory on 31.7.2015 when she found that its facing sheet was missing. The petitioner now wants to see the facing sheet of her answer script to satisfy herself. 2.

The respondents 1 to 3 have filed counter affidavit, wherein it is inter alia stated as follows:

"It is submitted that on valuation and revaluation, the marks show no difference and hence the candidate was issued a result memo stating that the original marks awarded will stand. The petitioner had a chance to identify her answer script along with facing sheet if she had applied for scrutiny of the answer script, which is a process before revaluation. But she had not applied for scrutiny. Before issuing the answer script for revaluation the original facing sheet of the script were detached and a blank facing sheet is attached for entering the revaluation marks. The original and revaluation facing sheet of the answer script has been kept in the section under safe custody. The allegation that the facing sheet is missing is totally misleading. The petitioner applied for photocopy of the answer script in Electric Circuit Theory and she was issued the same."

It is reported that the facing sheet where the original valuer has entered her marks as well as the facing sheet where the re-valuer has entered her marks are in the custody of the University. The petitioner is free to apply for a photocopy of the two facing sheets to the second respondent. Any application for the same on proper fee shall be responded to by furnishing photocopy of the facing sheets of both the valuer and original valuer in respect of the paper Electric Circuit Theory. It is made clear that the only marks awarded by each of the valuer will be reflected in the facing sheets supply.

The writ petition is disposed of as above.

V.CHITAMBARESH, JUDGE sks