Alia Teresa T.M. vs Mahatma Gandhi University

K. Vinod Chandran, J.—The petitioner is a 4th semester M.Tech student studying her course in a college, which is affiliated to the 1st respondent University. Admittedly, the Post Graduate course to which the petitioner was admitted commenced in the year 2011-2012. As per Ext. P4 regulations, the duration of the M.Tech course is 2 years consisting of 4 semesters and each semester as a span of 6 months. Ext. P4 also provides that any student appearing for the "masters comprehensive viva-voce" in the end of the 4th semester should have successfully completed all the three previous semesters.

In the case of the petitioner, though she had qualified in the 1st and 3rd semesters, she failed in 4 subjects in the 2nd semester in the regular examinations, conducted in November 2012. As is evident from Ext. P1, the result of W.P.(C) No. 2310 of 2014 2 the examinations conducted in November 2012, were published on 01.11.2013. Immediately there after as per Ext. P2 notification, the supplementary examinations were also scheduled in which the petitioner admittedly participated. The result of such supplementary examination is awaited. But in the meanwhile, the University is proposing to conduct the 4th semester examinations, the notification of which is scheduled to be published any time in the month of February. The petitioner''s grievance is insofar as not being able to participate in the 4th semester examinations, for reason only of having not cleared the 3rd semester examinations. The petitioner''s contention is that, the duration of the course, as stipulated in Ext. P4 having not been strictly complied with and the present circumstance having arisen only in the context of delay in publication of results; the petitioner ought to to be permitted to appear for the 4th semester examinations despite her having not cleared in the 2nd semester as yet. The petitioner also is confident of clearing the 2nd semester examinations in the supplementary examination she had appeared for in November 2013.

The learned counsel for the respondent University however contends that, the delay caused is not intentional and is only due to the fact that the University resorts to a double valuation by which two examiners valued the papers and in the event of there being stark disparity in the marks being above 10%, then there is a system by which a third evaluation is conducted. Such a systems devised in fact, brings in more transparency to the valuation procedure and ensures to the benefit of the students. This procedure however, necessarily causes a delay in the valuation being completed and the results being published. It is also pointed out that, the examination cannot be adjourned till the results of the supplementary examinations are published since the students, who have qualified in the regular examinations had to take the 4th semester examination and given an opportunity to get their certificates in time, failing which there would be further extension of the course period which again would be detrimental to the interest of the students, who have qualified in the regular examinations itself.

The difficulty pointed out by the University is quite convincing and reasonable, and the system of evaluating the answer papers through three different examiners definitely removes the individual predilections of a particular examiner and ensures of the benefit of the student. However, in the extent case, it is to be noticed that, what the petitioner seeks is only a provisional admission to the 4th semester examinations. Since, the petitioner is confident of clearing the 2nd semester examinations which she had appeared for the 2nd semester examinations. In such circumstance, there need not be any impediment in the University permitting the petitioner to appear for the 4th semester examinations however, subject to her qualifying in the supplementary examinations of the 2nd semester, which she has appeared in November, 2013. Necessarily, the results of the 4th semester examination cannot be published until the 2nd semester examination results are published and if on publication of such results, the petitioner is found to have failed in any of the examinations of the 2nd semester, her participation in the 4th semester will be of no avail and the results of the 4th semester examination, to which she is provisionally admitted as per the direction of this Court would not be published. The orders above are issued on balancing the considerations for the regular students projected by the University as also the alleged prejudice which may cause to the petitioner herein.

The Writ Petition hence is disposed of directing the respondent University to permit provisional admission to the 4th semester examinations. The result of which however would depend upon the results in the supplementary examinations of the 2nd semester. Writ Petition disposed of to the above observations.