IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 32286 of 2008(R) ------------------------------------- PETITIONER(S): ----------------------- P.N.BALACHANDRAN, S/O. KUTTIKRISHNAN NAIR, VADAKKE KUNUMMEL, P.O. MANKAVE, CALICUT 673 007. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): -------------------------- 1. INDIRA GANDHI NATIONAL OPEN UNIVERSITY, MAIDAN GANDHI NEW DELHI 110 068. 2. DEPUTY DIRECTOR, STUDENT SERVICE CENTRE, INDIRA GANDHI NATIONAL OPEN UNIVERSITY,MAIDAN GANDHI, NEW DELHI 110 068. 3. CO-ORDINATE, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, STUDY CENTRE CODE 1403, JDT ISLAM, CALICUT 673 012. 4. DEPUTY REGISTRAR (EXAMINATION -II), SR & E DIVISION, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, MAIDAN GANDHI, NEW DELHI 110 068. 5. ASSISTANT REGISTRAR (ASSIGNMENT), SR & E DIVISION, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, MAIDAN GANDHI, NEW DELHI 110 068. 6. REGISTRAR, INDIRA GANDHI NATIONAL OPEN UNIVERSITY, MAIDAN GANDHI, NEW DELHI 110 068. ADV. MR.PMM.NAJEEB KHAN R2,3,4TO 6 BY GOVT. PLEADER MR.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.32286 of 2008-R - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2010. JUDGMENT The petitioner registered himself with the Indira Gandhi National Open University for B.Com degree course in the year 1997 which is evidenced by Ext.P1 student card. The petitioner, after availing of the opportunity, has been studying for the course. He is aggrieved by the rejection of the application for revaluation which is under challenge herein. According to the petitioner, the result card was issued to him on 8.5.2008 which was received by him on 9.6.2008. Going by Ext.P8, the petitioner failed in four subjects, but when the results were obtained from the internet, it was found that he had failed in one more subject, viz. ECO 12. He submitted an application for revaluation of all the five subjects, as per Exts.P9 and P10. They were returned by the University stating that the prescribed period to apply for revaluation is over. In these circumstances, this writ petition has been filed. Ext.P16 is a representation submitted by him seeking for verification of the assignment for various papers. 2. The University has filed a counter affidavit, wherein in para 12 it is mentioned that at this stage the request for revaluation cannot be wpc32286 /2008 2 entertained, even as a special case, as all the answer scripts of of December 2007 term-end examination have been disposed of as per practice with the approval of the competent authority. It is further mentioned that in order to regularise the above, the petitioner has to pay readmission fee for the courses not completed on the date of expiry of maximum duration of the programme with a penalty as applicable. In the next paragraph, it is mentioned that even after regularisation of readmission the student would still not complete all the courses for award of degree and in such a situation he will have to take fresh admission and apply for credit transfer for the courses completed as per the University Rules. Various procedures for admission are also mentioned in the counter affidavit. 3. Learned counsel for the petitioner therefore submitted that the petitioner will opt for the same as there is no purpose in pursuing the application for revaluation. 4. Therefore, there will be a direction to the University to allow the petitioner to appear for the examinations to which the petitioner will make appropriate application along with the readmission fee, etc. He will also be allowed to credit transfer for the courses completed, as per the University rules. There will be a further direction to consider Ext.P16 representation and take an appropriate decision in the matter as permissible under the wpc32286 /2008 3 University regulations. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/