Karnataka High Court Directs KSLU To Grant Full Marks Obtained By Law Students In Revaluation, Enable Them To Pass Examination

The Karnataka High Court on Monday allowed a batch of petitions filed by law students and directed Karnataka State Law University, to grant them full marks which they had obtained in revaluation of their marksheets, which would help them pass in the examination.

A single judge bench of Justice S R Krishna Kumar allowed the petitions filed by Arpita J and others and said “Though several contentions are being urged by both sides in respect of their claims in the light of the disputed facts that if the marks obtained by the petitioner in the revaluation which is the entire full marks are taken into account the petitioner would successfully pass and complete the said examination. Thus without going into the merit or demerits of the rival contention, as regards the validity, legality or correctness of the Regulation 1.3.6 of the impugned notification. I deem it appropriate to dispose of the petitions directing the respondents to grant full marks obtained by petitioners in revaluation, within two weeks.”

Further, the court has directed the University to consider amending Clause 1.3.6, in order to address the grievance of similarly placed students.

Clause 1.3.6 of the Karnataka State Law University Examination Ordinance of 2014, reads thus a.) "If the marks awarded in revaluation differ from the original award either side by not more than 5 percent of the maximum marks of the Paper/subject the better of the two awards shall be accepted as the awards after revaluation."

b.)"If the marks awarded in revaluation exceeds the original award by more than 5 percent and not more than 15 percent of the maximum marks of the paper/subject the candidate will be given the benefit to an extent of 5 percent of the marks for paper/subject in full plus half of the remaining difference."

However, under clause 2.1 of the same ordinance, if a student pays Rs 2,000 and applies for challenge valuation then this rule shall not apply. That is to say, whatever his original marks he obtains after revaluation that will be given to him, the court observed.

The petitioners had challenged the notification and sought it to be quashed, contending that the same is irrational, illogical, unjust, unfair and is manifestly arbitrary.

It was stated that the procedure described therein is startlingly different as compared to the procedures prescribed in the challenge valuation prescribed in clause 2.1 of the same notification. Reliance was also placed on the National Law School of India University (NLSIU) Guidelines and Christ University guidelines, for revaluation and how those Universities granted the same marks and pleaded the same be followed by KLSU.

The respondent University opposed the plea and urged that there is no merit in the petition and that the same is liable to be dismissed.

Allowing the petitions the court clarified that it had not decided on the merits of the rival contentions. This order cannot be treated as a precedent nor shall have any precedential value for any purpose whatsoever. It is made only in the facts and circumstances obtained in the instant case.

Appearance: Advocates Dilraj Jude Rohit Sequeira, Naman Vankdari M, Neeraj V for Petitioners.

Citation No: 2024 LiveLaw (Kar) 412

Case Title: Arptia J AND State of Karnataka & Others

Case No: WP 21704/2024, WP 21452/2024, WP 25149/2024