High Court of KeralaSingle JudgeWrit petitions dismissed

Bibina Salu R.B. v. The Vice-Chancellor, University of Kerala; Tibin Prakash P.S. v. The Vice-Chancellor, University of Kerala

Case / Petition Number:WP(C).Nos.32462/2019(G) & 32476/2019(H)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. ASHA
Judgment Date
2020-08-06
Court Decision / Holding
WP(C).Nos.32462/2019 & 32476/2019 dismissed; no mandamus or direction to grant or revaluate; University’s Regulations on revaluation upheld; no enforceable right to second revaluation.
Final Disposition
Writ petitions dismissed

Parties to the Case

Appellants / Petitioners

  • Bibina Salu R.B.
  • Tibin Prakash P.S.

Respondents

  • The Vice-Chancellor, University of Kerala
  • The Syndicate, University of Kerala
  • The University of Kerala represented by its Registrar
  • The Controller of Examinations, University of Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • S. Dheerendra Kumar

Counsels for Respondents

  • • Thomas Abraham, SC

Case Synopsis & Summary

These two writ petitions under Article 226 of the Constitution of India challenge the University of Kerala’s stance on second revaluation of examination scripts. Bibina Salu R.B. (WP(C).32462/2019) and Tibin Prakash P.S. (WP(C).32476/2019) completed a five-year integrated law degree and pursued revaluation for their 7th sem papers (Bibina’s IT Law paper) and other subjects following a first revaluation that altered marks only marginally. Bibina initially secured 22 marks, which rose to 24 after the first revaluation; she sought a second revaluation (Ext. P8) and the petition was accompanied by representations (Exhibits P6 and P7). The University contends that there are three attempts to pass, and the revaluation process is conducted by a panel of evaluators from outside Kerala with prior approvals; it maintains there is no legal entitlement to a second revaluation and that revaluation is permissible only if University regulations expressly provide for it. The petitioners rely on Sruthi Rajagopal v. M.G. University (2014 (2) KLT 945) to argue that regulatory frameworks permitting revaluation exist and that in the absence of such rules the University cannot deny redress. The High Court, on 6 August 2020, dismissed both petitions, holding that there is no enforceable right to a second revaluation and that the process is governed by existing Regulations. The order ends with the dismissal of the writ petitions.

Provisions of Law Cited

Article 226 of the Constitution of India

Legal Doctrines & Maxims

  • Revaluation is permissible only if the rules/regulations of the University provide for it.
  • There is no enforceable right to a second revaluation.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the University’s refusal to grant a second revaluation is unjust and violates their right to fair treatment. They submit that the first revaluation did not reflect the true marks and that the answer scripts may have been read wrongly; they assert that the University Regulations permit revaluation and that any denial should be examined by the court under Article 226. They rely on the principle that three attempts to pass exist and that there is potential for human error, as well as on representations (Exhibits P6–P8) that were not adequately weighed. They seek mandamus to decide pending representations within a short time and to direct a second revaluation, arguing for transparency and the use of UGC NET–qualified evaluators for valuation as a safeguard against errors. They rely on regulatory authority and precedent indicating that revaluation is constrained by university Regulations.

Contentions of Respondents

The respondents contend that revaluation is strictly governed by University Regulations and that there is no automatic right to a second revaluation. They note that revaluation is performed by externally appointed, qualified evaluators with provincial oversight, and that the Rules provide for a finite number of attempts to pass. They rely on the lack of any express provision for a second revaluation and on regulatory schemes that require adherence to established procedures. They further argue that Article 226 cannot compel the University to grant revaluation absent regulatory authorization, and they cite Sruthi Rajagopal v. M.G. University to support the proposition that the rights to revaluation are limited to what the Regulations grant.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Sruthi Rajagopal v. M.G.University2014 (2) KLT 945PositiveCited to support the proposition that revaluation is permissible only within the regulatory framework; used to justify lack of a right to second revaluation absent regulatory provision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942** ## **WP(C).No.32462 OF 2019(G)** ## **PETITIONER:** **BIBINA SALU R.B. AGED 23 YEARS** **W/O.ANEESH S., SALU LAND, THOZHUKKAL JUNCTION, NEYYATTINKARA P.O., THIRUVANANTHAPURAM-695121.** **BY ADV. SRI.S.DHEERENDRAKUMAR** ## **RESPONDENTS:** - **1 THE VICE CHANCELLOR UNIVERSITY OF KERALA, PALAYAM P.O., THIRUVANANTHAPURAM-695034.** - **2 THE SYNDICATE, UNIVERSITY OF KERALA, PALAYAM P.O., THIRUVANANTHAPURAM-695034.** - **3 THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, PALAYAM P.O., THIRUVANANTHAPURAM-695034.** - **4 THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, PALAYAM P.O., THIRUVANANTHAPURAM-695034.** **R1 BY ADV. SRI.THOMAS ABRAHAM** **R1-4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2020, ALONG WITH WP(C).32476/2019(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NOS.32462/2019 & 32476/2019** **2** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942 WP(C).No.32476 OF 2019(H)** ## **PETITIONER:** **TIBIN PRAKASH P.S. AGED 24 YEARS S/O. SHYLAJA P., TIBIN VIHAR, NELLIKKAKUZHI, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM-695 524. BY ADV. SRI.S.DHEERENDRAKUMAR** ## **RESPONDENTS:** |**1**|**THE VICE-CHANCELLOR**| |---|---| ||**UNIVERSITY OF KERALA, PALAYAM P.O.,**| ||**THIRUVANANTHAPURAM-695 034.**| |**2**|**THE SYNDICATE**| ||**UNIVERSITY OF KERALA, PALAYAM P.O.,**| ||**THIRUVANANTHAPURAM-695 034.**| |**3**|**THE UNIVERSITY OF KERALA REPRESENTED BY ITS**| ||**REGISTRAR**| ||**PALAYAM P.O., THIRUVANANTHAPURAM-695 034.**| |**4**|**THE CONTROLLER OF EXAMINATIONS**| ||**UNIVERSITY OF KERALA, PALAYAM P.O.,**| ||**THIRUVANANTHAPURAM-695 034.**| ||**R1-4 BY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF**| ||**KERALA**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2020, ALONG WITH WP(C).32462/2019(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C) NOS.32462/2019 & 32476/2019** **3** ## **JUDGMENT** ## **Dated this the 6th day of August 2020** These writ petitions were filed seeking the following reliefs: a)a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2, to take appropriate decision on ExhibitsP6 and P7 pending before them respectively, within three weeks or within an appropriate time period as this Hon'ble Court may deem necessary as warranted. b)a writ of Certiorari or any other appropriate writ, order or direction to quash and set aside Exhibit-P2. c)a writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 to 4, to employ UGC NE qualified persons alone for the purpose of all valuation and revaluation process **WP(C) NOS.32462/2019 & 32476/2019** **4** at the 3[rd] respondent University. d)Issue any such writ, order or direction necessary to meet the ends of justice on the facts and circumstances of the instant case. 2. The petitioner is a student who completed B.B.A., LL.B. course in the year 2018. She appeared in supplementary examination for the subject Information Technology Law of 7[th] Semester of the said course in June 2019. It is stated that she was awarded with 22 marks. On revaluation the marks changed to 24. The petitioner's grievance is that on obtaining a copy of the answer script and on verification with experts in the field she came to know that she was entitled to get more marks. 3. Therefore, the petitioner submitted Ext.P8 representation requesting for second revaluation. The writ petition was filed at that stage. The 3[rd] respondent, the University stated that petitioner got three chances to pass the 7[th] semester examination, she failed to clear the Information Technology Law **WP(C) NOS.32462/2019 & 32476/2019** **5** paper in the 3[rd] chance; she got 2 additional marks on revaluation; the complaints regarding the qualification of the teaching faculties are baseless. It is stated that revaluation of answer scripts of LL.B.(Integrated Five year Degree) examinations are conducted by teachers outside the Kerala State/University; the revaluation section has been provided with a panel of examiners from outside Kerala State/University; it is duly approved by the Pro-Vice-Chancellor, prepared by compiling the panels obtained from a Dean faculty of Law, Chairman, Board of Studies, law (pass) and Chairman, Board of Studies in law. It is also stated that the panel of examiners for revaluation are qualified teachers and there is no reason for questioning the credibility of the valuation process. No complaints would be entertained after the re-valuation and there is no provision for a further second revaluation. It is stated that re-valuation duty was assigned to evaluators outside the Kerala University. It is **WP(C) NOS.32462/2019 & 32476/2019** **6** settled law that revaluation is permissible only if the rules or regulations of the University provide for same. See **Sruthi Rajagopal v. M.G.University, 2014 (2) KLT 945** . In the absence of any enforceable right for the petitioner to give her answer scripts revalued for a second time. The University cannot be directed to re-evaluate the answer scripts. Therefore, I am of he view that the petitioner does not deserve any relief in this writ petition under Article 226 of the Constitution of India. Therefore, the petitioner has no legal right to get revaluation for the second time. Accordingly, both these writ petitions are dismissed. ## **Sd/-** ## **P.V.ASHA** ## **JUDGE** **AJ** **WP(C) NOS.32462/2019 & 32476/2019** **7** ## **APPENDIX OF WP(C) 32462/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE STATEMENT OF MARKS DATED 19.08.2019, OF THE PETITIONER, FOR 7TH SEMESTER B.B.A., LL.B. (INTEGRATED FIVE YEAR DEGREE) COURSE.** - **EXHIBIT P2 A TRUE COPY OF THE STATEMENT OF MARKS DATED 07.11.2019 OF THE PETITIONER, FOR 7TH SEMESTER B.B.A., LL.B (INTEGRATED FIVE YEAR DEGREE) COURSE.** - **EXHIBIT P3 A CERTIFIED COPY OF THE ANSWER BOOK DATED 10.06.2019, OF THE PETITIONER, FOR INFORMATION TECHNOLOGY LAW, SUBJECT CODE -2, OF 7TH SEMESTER, B.B.A., LL.B. (INTEGRATED FIVE YEAR DEGREE) COURSE.** - **EXHIBIT P4 A TRUE COPY OF THE RISK BABY CHART OF PETITIONER'S 1ST CHILD, ISSUED BY PRS HOSPITAL PVT. LTD.** - **EXHIBIT P5 A TRUE COPY OF THE RISK BABY CHART OF PETITIONER'S 2ND CHILD, ISSUED BY PRS HOSPITAL PVT. LTD.** - **EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 20.11.2019 FILED BEFORE THE 1ST RESPONDENT.** - **EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 20.11.2019 FILED BEFORE THE 2ND RESPONDENT.** **EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 20.11.2019 FILED BEFORE THE 4TH RESPONDENT.** **WP(C) NOS.32462/2019 & 32476/2019** **8** ## **APPENDIX OF WP(C) 32476/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE STATEMENT OF MARKS DATED 27.8.2019, OF THE PETITIONER, FOR 2ND SEMESTER B.A., LL.B. (INTEGRATED FIVE YEAR DEGREE) COURSE.** **EXHIBIT P2 A TRUE COPY OF THE REVALUATION/SCRITINY MEMO DATED 7.11.2019, OF THE PETITIONER, FOR 2ND SEMESTER B.A., LL.B (INTEGRATED FIVE YEAR DEGREE) COURSE.** **EXHIBIT P3 A CERTIFIED COPY OF THE ANSWER BOOK DATED 22.5.2019, OF THE PETITIONER, FOR LAW OF CONTRACT, SUBJECT CODE-5, OF 2ND SEMESTER B.A., LL.B. (INTEGRATED FIVE YEAR DEGREE) COURSE.** **EXHIBIT P4 A TRUE COPY OF THE QUESTION PAPER, COMMON TO SECOND SEMESTER B.A.LL.B/B.COM. LL.B./B.B.A. LL.B (FIVE YEAR INTEGRATED) DEGREE EXAMINATION, APRIL 2019 FOR PAPER V: LAW OF CONTRACT. EXHIBIT P5 A TRUE COPY OF THE ANSWER KEY FOR THE SECOND SEMESTER FIVE YEAR INTEGRATED B.A/B.COM/B.B.A. LL.B DEGREE EXAMINATION 2011 & 2013 ADMISSION) ONWARDS. EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 20.11.2019 FILED BEFORE THE IST RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 20.11.2019 FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 20.11.2019 FILED BEFORE THE 3RD RESPONDENT.**