IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20083 of 2008(N) -------------------------- PETITIONER: ------------ 1. FOUSIYA, D/O.E.ABDUL LATHIFF, RESIDING AT AL-FALAH MANZIL, POONTHOPPU WARD, ALAPPUZHA-6. 2. JIJO THOMAS, S/O.THOMAS THOMAS, R/AT MAALAYIL THOTTUMKAL, THELLIYOOR P.O., PATHANAMTHITTA - 689 544. 3. RAICHEL OOMUMMEN, D/O.N.OOMUMMEN, RESIDING AT KOVOOR, ARINELLUR P.O., KOLLAM - 690 538. 4. LINU VARGHESE, CHERIYAPUNAMADATHU HOUSE, VAZHARMANGALAM P.O., CHENGANNUR, PIN - 689 125. 5. ROGER GASPER, ROGER BHAVAN, KARUMALIL ROAD, THANKASSERI, KOLLAM. 6. AISWARYA G., D/O.G.SUGATHAN, PUNNAVILAKOM HOUSE, VALIYATHURA, THIRUVANANTHAPURAM - 8. 7. YESHWANTH.S., S/O.SUBHASH K.S., KARUKKAPPARAMBU, TDMC PO, KAKKAZHOM, ALAPPUZHA. 8. MOHAMMED RIYAS K.K., S/O.BEERANKUTTY, PUTHOOR PALLIKKAL P.O., MALAPPURAM. 9. ARUNKUMAR V., S/O.VIKRAMAN NAIR, LATHA BHAVAN, KAILAS NAGAR, HOUSE NO.49, KAZHAKUTTAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. RESPONDENTS: ------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM. 3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, UNIVERSITY CAMPUS, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.20083 of 2008 ================== Dated this the 7th day of July, 2008 J U D G M E N T The petitioners are 4th semester students of Master of Computer Applications course in various colleges affiliated to the 1st respondent University. They completed the first semester examination in April 2007, the second semester examination in September, 2007 and the third semester examination in April 2008. They were declared passed on the basis of the minimum pass requirement as per the regulations existing at the time of examination. Now the University has issued Ext.P5 Amendment to the Regulations dated 21.6.2008 whereby they have refixed the minimum pass requirement with retrospective effect from the academic year 2006-2007 onwards, as a result of which the petitioners would be required to pass the examinations for the three semesters again. According to the petitioners, the petitioners have already completed the first, second and third semester examinations and their pass requirement cannot be revised with retrospective effect to their detriment. The w.p.c.20083/08 2 petitioners, therefore, seek the following relief: “(i) Issue a writ of certiorari or any other appropriate writ or order or direction of the nature of certiorari calling for the records leading to Exhibit P5 order and quash the same so far as it retrospectively refixes the criteria for pass marks of M.C.A. students of colleges affiliated to the first respondent University.” 2. The learned Standing Counsel appearing for the University submits that this could have only been a mistake and the retrospective effect given to Ext.P5 was intended only for re- appearance in the failed subjects and not to the change in pass requirement. 3. I have considered the rival contentions in detail. 4. I am satisfied that the University cannot revise the minimum pass requirement in an examination retrospectively long after the examinations were over, the results declared and mark lists issued. Therefore, Ext.P5 to the extent it amends the regulations regarding the minimum pass requirement retrospectively is quashed. In all other respects, Ext.P5 would stand. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.20083/08 3