IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 WP(C).No. 34247 of 2009(A) -------------------------- PETITIONER: -------------- JOSEP.P.J., S/O.P.M.JOSEPH, RESIDING AT PARAEMACKAL HOUSE, KALLEKULANGARA POST, PALAKKAD-9. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENTS: ----------------- 1. THE CONTROLLER OF EXAMINATIONS, THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 2. THE PRINCIPAL, GOVERNMENT LAW COLLEGE, ERNAKULAM. R1 BY SRI.T.A. SHAJI, SC, M.G. UNIVERSITY. R2 BY GOVERNMENT PLEADER, SRI.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34247 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE MARK LIST DATED 07.09.09. EXT.P2 : TRUE COPY OF THE APPLICATION FOR REVALUATION SUBMITTED BY THE PETITIONER DATED 08.10.09. EXT.P3 : TRUE COPY OF THE MEMO ISSUED BY RESPONDENT NO.1 DATED 19.10.09. RESPONDENTS' EXHIBITS: EXT.R2(A) : TRUE COPY OF THE NOTIFICATION DATED 07.09.09. EXT.R2(B) : TRUE COPY OF THE LETTER DATED 15.09.09. /TRUE COPY/ PA TO JUDGE Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34247 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2010 JUDGMENT The petitioner is a student of 5 year LLB course of the Government Law College, Ernakulam. He applied for revaluation of the 3rd semester papers. Allegedly, he did not make the application within the time prescribed as per the relevant provisions. He disputes that and states that he obtained the marks card on 06.10.09. The Principal of the College has filed an affidavit stating that the marks card were received in the College on 18.09.09 and then onwards the marks cards were available for distribution and the students who collected the marks cards would not necessarily endorse the date on which each of them received the marks card. 2. The intake of students for 5 year LLB course being from those who come out of the Plus Two stream, they need to be essentially given more care, without expecting of them, the caution that graduates who would come to the three year course would have. While the Principal states that because of WP(C) No. 34247 of 2009 -:2:- the rush of the students to collect the marks cards, it may not be possible to record the date of issuance, the College authorities does not and would not have clear material to ascertain the actual date on which the student, the petitioner, had collected the marks card or was given the marks card. At any rate, there is no particular date fixed for collecting the marks card though the provision, inter-alia, entitles the candidate to apply for revaluation on the basis of the date on which the marks card reaches the centre of the examination. Under such circumstances, it is a case where materials are not on record to show the date of issuance of the marks card to the petitioner and therefore, having regard to the statutes and the purpose for its existence, the University ought to take the view that the explanation given by the petitioner is quite acceptable. 3. For the aforesaid reasons, it is directed that the application of the petitioner, for revaluation, will be taken up as a valid one made within the time limit prescribed and WP(C) No. 34247 of 2009 -:3:- revaluation results shall be published within an outer limit of 8 weeks of production of a copy of this judgment. The Writ Petition is disposed of as above. Thottathil B. Radhakrishnan, Judge. ttb WP(C) No. 34247 of 2009 -:4:-