IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19360 of 2009(L) -------------------------- PETITIONER(S): --------------- ZAHEENA C.N., AGED 24, D/O.A.KUNIKOYA, CHERIANNALLAL HOUSE, KALPENI ISLAND, UNION TERRITORY, LAKSHADEEP. BY ADV. SRI.P.R.PADMANABHAN NAIR RESPONDENT(S): --------------- 1. THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. MAHATMA GANDHI UNIVERSITY, REP. BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM. BY SC SRI.T.A.SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).19360/2009 ....................... Dated this the 10th day of June, 2009 JUDGMENT Petitioner appeared for the B.A.Degree examination in 2008. She was found to have failed in one paper and having obtained only 35, she applied for revaluation and on revaluation according to her, it was found that her marks are 36. As per the University regulations, if on revaluation, difference in the marks originally awarded and the marks which the candidate is found entitled to is less than 5%, the original marks will be retained. According to the petitioner, since on revaluation, it is found that she is entitled to 36, she should be given the benefit of a moderation of four marks which has been given to other candidates who had taken the same examination. If that be so, she would be entitled to 40 marks. As rightly pointed out by the learned Standing Counsel, Mr.T.A.Shaji, the question of giving the petitioner the benefit of revalued marks arises only if the difference between the original marks and revalued marks is more than 5%. The benefit of moderation will enure in favour of the petitioner W.P.(C).19360/09 2 only if after moderation, she is found eligible to have passed the examination. Since in spite of revaluation, her original marks are retained as 35, even if four marks are awarded, it will not enable her to be treated as having passed the examination. Writ petition is bereft of merit and hence dismissed. V.GIRI, Judge mrcs