Ker HC | University which erroneously declared a student as passed when he in fact failed in a subject, cannot compel re-examination after a decade

Kerala High Court: A Bench of A. Muhamed Mustaque, J. hearing a civil writ petition, quashed a university’s order directing its ex-student to re-appear for an examination after almost a decade.

Petitioner, a lawyer registered with the Bar Council of Kerala, who graduated with LL.B from the University of Kerala in the year 2007, approached the respondent university for issuance of his transcripts. The University found that he had failed in the paper for Law of Contract in the second semester of his course. In view thereof, it directed the petitioner to re-appear for the said paper. The said order was challenged in this writ petition.

The Court noted that the university had erred in declaring petitioner as passed and since it was the university’s mistake, it could not, after a decade, compel the petitioner to take examination for the said subject.  Relying on  Suresh S. v. Mahatma Gandhi University, 2012 KHC 2794 it was held that the university could not cancel the degree certificate issued to petitioner.

In view of the above, the petition was allowed and university was directed to forward petitioner’s academic transcripts in accordance with regulations without any delay. [Suresh Babu v. University of Kerala, 2018 SCC OnLine Ker 5794, decided on 20-12-2018]

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