High CourtsSingle Bench(2013) 05 KL CK 0009

Sona Baby and Others vs Mahatma Gandhi University and The Controller of Examinations

High Court Of Kerala · Decided on 3 May 2013

HON’BLE JUDGES
K. Vinod Chandran, J
CASE NUMBER
W.P. (C) No. 11704 of 2013 (K)

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Judgment

2 paragraphs · 361 words

K. Vinod Chandran, J.—The above writ petition is filed by B.Tech students who appeared for the VIIth Semester examination in 2012, the results of which were published in April, 2013. The grievance of the petitioners is that they have failed in one subject, for which they have made respective applications for revaluation, after remitting the prescribed fee and that the same ought to be completed expeditiously. They also contended that they have been selected for placement in companies in the campus recruitment and they will lose their placement opportunity if revaluation is not conducted within time. This court has in Nithya v. Cochin University of Science & Technology (2012 (1) KLT 584) laid down broad guidelines for effecting an expeditious disposal of applications for revaluation and also expressed the Court''s dismay at the Universities not having framed appropriate regulations for the said purpose. While hoping that the same would be done, the learned Single Judge also issued a specific direction that in respect of revaluation, the directions issued by the Courts shall be strictly complied with and the failure to do so would be at the risk of cost and damages that the Court may deem fit in appropriate cases. In paragraph 7(h), this court prescribed a period of 45 days from the last date fixed for applying for revaluation; for publication of revaluation results.

2.

In the instant case, remittance of fees for revaluation was allegedly made by all the petitioners on 25.04.2013 and the petitioners have approached this Court with the above Writ Petition dated 02.05.2013 long before the prescribed period of 45 days is over. At this stage, there is no warrant for this Court to presume that the University will not comply with the directions and finish the revaluation within time; failing which, in any event, safeguards have been prescribed in the aforesaid judgment. In such circumstances, this Court is of the opinion that this writ petition is premature and is only liable to be dismissed. However, reminding the University of the consequences which would follow if the revaluation is not completed in time, going by the aforesaid judgment. The Writ petition is hence dismissed without costs.