No relief for students over out-of-syllabus questions

Justice G R Swaminathan on observing that if the complaint had been within time, the issue would have been examined in the Pre-Valuation Board meeting held on June 08, 2018 and that such meetings are held only to resolve issues such as this, said “In this case, the petitioner did not raise the complaint within time. They had been pursuing the remedy of revaluation. They did not at the first instance raise a claim that the question was framed out of syllabus and that therefore they must be awarded grace marks.”

“The petitioners are guilty of laches. The students pleaded that they were not aware of this procedure of approaching the Pre-Valuation Board. But then, the ignorance of procedure is no excuse. I therefore find no ground to interfere with the communication impugned in these writ petitions,” the judge said while dismissing the petitions and closing connected miscellaneous petition.

The petitioners-Emmanuel A G S, Allwin Pon Suthers A and Kanmani Mathana-had contended that after exhausting the process of revaluation they had sent a representation to the Registrar, Anna University, on September 03, 2018 that Question 13 B which carried 54 marks out of 100 was out of syllabus and though they attended the said question, they could not get the requisite marks for securing a pass.

But their plea was rejected by the Controller of Examinations, Anna University, on December 03, 2018 leading them to challenge the said communication.

However, Justice Swaminathan on seeking an academician in the subject to assist the court as the petitions had a technical bearing and recording the submission that the questions are well within thesyllabus, said “In the very nature of things, the scope of judicial reviewis highly limited in cases such as this.”

“The students are spread all over Tamil Nadu and underwent study in as many as 65 different institutions, but the complaint that the question 13B is out of syllabus has emanated only from the three petitioners herein.No other student or department has made this complaint,” the judge added.