Kerala High Court
WP(C)/30871/2021 of PAUL JOHN ALAPATT Vs APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30871 OF 2021 PETITIONER: PAUL JOHN ALAPATT ALAPPAT HOUSE, PWRA 72, CHEMBUMUKKU, KAKKANAD, ERNAKULAM - 682 030. BY ADVS. JOBY CYRIAC KURIAN K
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
WP(C) NO. 30871 OF 2021
PETITIONER:
PAUL JOHN ALAPATTALAPPAT HOUSE, PWRA 72, CHEMBUMUKKU, KAKKANAD, ERNAKULAM - 682 030.
BY ADVS.JOBY CYRIACKURIAN K JOSE
RESPONDENTS:
BY ADV.SRI.ELVIN PETER -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner applied for revaluation of the examination paperElectrical Drives & Control of Automation (Course code – EE311).Pursuant to the revaluation the petitioner was awarded 42 marks.According to the petitioner, though the revalued mark is over andabove the pass mark, the petitioner’s grade of the subject was recordedas failed. Thereafter, a 2[nd] valuation was conducted suo motu and thepetitioner was awarded 24 marks. The total marks got by petitioner inthe three valuations are 20, 42 and 24. According to the petitioner, the2[nd] respondent should have taken the average of best of the two marksobtained in the three valuation. Accordingly, the petitioner filedExt.P7 representation before the 2[nd] respondent. In Ext.P7 thepetitioner has referred to Clause 7(t) of the Ordinance forB.Tech/B.Tech (Hon) dated 26.06.2015, wherein it is provided thatthe final marks will be best of the three valuations to the advantage ofthe students or the mark obtained in the original valuation whicheveris higher. Aggrieved by the delay in taking a decision on Ext.P7 by 2[nd]respondent the petitioner has approached this Court.
2. Heard the learned counsel for the petitioner and thelearned standing counsel for the University. In the nature of thedirection I propose to pass, notice to the 3[rd] respondent is dispensedwith.
3. There will be a direction directing the 2[nd] respondent toconsider Ext.P7 with notice to the petitioner within a period of one month from the date of receipt of copy of the judgment.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMANJUDGE
scs
WP(C) NO. 30871 OF 2021
APPENDIX OF WP(C) 30871/2021
PETITIONER EXHIBITS
Exhibit P1
TRUE COPY OF THE UNIVERSITY PROFILE OF THE PETITIONER DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE UNIVERSITY. MARK SHEET BEARING NO.R/2020/12/S5/20220 DATED 15.07.2021.TRUE COPY OF THE TABULATION SHEET OF THE ORIGINAL VALUATION. NOTIFICATION NO.KTU/AD(EXAM)/2365/2020 DATED 23.12.2020 ISSUED BY THE 2ND RESPONDENT.
Exhibit P2
Exhibit P3
Exhibit P4
Exhibit P5
TRUE COPY OF THE TABULATION SHEET OF THE REVALUATION. TRUE COPY OF THE TABULATION OF 2ND REVALUATION.
Exhibit P6
Exhibit P7
REPRESENTATION DATED 11.12.2021 TO THE 2ND RESPONDENT SENT VIA EMAIL.