IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 30611 of 2011(B) ----------------------------------------- PETITIONER(S): ------------------------ D.SANIL KUMAR, AGED 43 YEARS, S/O.DAVID, 'MARYVILASAM', SINKARAPPALLY, KODUVILA P.O., EAST KALLADA, KOLLAM DISTRICT. (FORMALLY STUDYING FOR BA(SOCIOLOGY), REG.NO.72818 E. UNDER LIBERALIZED SCHEME/ DISTANCE EDUCATION). BY ADV. SMT.G.VIDYA RESPONDENT(S): --------------------------- 1. CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, THENHIPPALAM P.O., MALAPPURAM DISTRICT - 673 635. 2. THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY, UNIVERSITY CAMPUS, THENHIPPALAM P.O., MALAPPURAM DISTRICT - 673 635. 3. THE CHIEF SUPERINTENDENT OF EXAMINATIONS, GOVERNMENT TAMIL HIGH SCHOOL, CHALA, THIRUVANANTHAPURAM - 695 001. R1 & R2 BY ADV. SRI. SANTHOSH MATHEW, SC, CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30611/2011 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE HALL TICKET ISSUED TO THE PETITIONER. EXT.P2 : TRUE COPY OF PETITIONER'S MARK LIST ISSUED BY THE 2ND RESPONDENT DTD.22.11.08. EXT.P3 : TRUE COPY OF APPLICATION FOR REVALUATION DTD.10.12.2008. EXT.P4 : TRUE COPY OF LEGAL NOTICE ISSUED TO THE 2ND RESPONDENT DTD.19.3.2011. EXT.P5 : TRUE COPY OF REPLY GIVEN BY 2ND RESPONDENT DTD.31.3.2011. EXT.P6 : TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DTD.7.6.2011. EXT.P7 : TRUE COPY OF THE LIST OF STUDENTS APPLIED FOR REVALUATION, ISSUED BY THE 2ND RESPONDENT DTD.12.1.2011. EXT.P8 : TRUE COPY OF REQUEST TO 2ND RESPONDENT DTD.28.6.2011. EXT.P9 : TRUE COPY OF THE MEMO ISSUED BY THE 2ND RESPONDENT DTD.11.7.2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 30611 OF 2011 ----------------------------------------------------- Dated this the 7th day of December, 2011 J U D G M E N T Petitioner was a student of B.A.(Sociology) under the Liberalized Scheme/Distance Education conducted by the first respondent. In 2008 he appeared for the examination and failed in English Part I. On declaration of results the petitioner submitted an application on 10.12.2008 for revaluation and the revaluation results of papers I and III were intimated. However, in so far as paper No.II is concerned, the result was not declared. Now by Ext.P9 he is informed that the answer script of Paper-II could not be traced out. Thereupon this writ petition has been filed seeking a direction to the University to trace out the answer sheet and to declare his results. 2. The case was adjourned for the Standing Counsel to obtain instructions in the matter. Accordingly W.P.(C) No. 30611 OF 2011 :2 : instructions were obtained and it is submitted that the answer paper is still not traceable. Though this state of affairs prevailing in the University is quite disturbing particularly for the reason that the University could not even fix responsibility on the person concerned for the lapse, still the fact remains that Regulations have been framed by the University to take care of such kind of situation also. This regulation reads thus: “In the event of answer scripts required for revaluation/scrutiny not becoming available for any reason, the original valuation will be treated as final and the fee remitted in such cases will be refunded.” 3. In the light of these regulations, the petitioner can only be granted the marks which were originally awarded. I also record the submissions of the learned Standing Counsel that the University will grant another W.P.(C) No. 30611 OF 2011 :3 : opportunity to the petitioner as offered in Ext.P9 and if the petitioner is desirous, he can appear for the said examination as well. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge