The petitioner has completed his Master Degree in Psychotherapy, first class with distinction and Doctorate thereon. She is a teaching faculty in Anna University, College of Engineering, Guindy, handling Post Graduation Courses. She had joined M.Phil (Mass Communication) Course in the Distance Education mode of the respondent University in the academic year 2003-2004. The said course carries three papers viz., MC 001 - Research Methodology, MC0 002 - Women and Media, and MC 003 - Feminism and Women's Movement and each paper carries 100 marks (internal 25 plus, external 75). On completion of the course, the petitioner appeared for the examinations conducted some time during April, 2004 and she was issued with Statement of Marks on the basis of the results published on 15.9.2004. The following are the marks awarded.
Sub Subject Title Max.Marks Marks Scored RES M YR Code I E T I E T RMC 11 Research 25 75 100 20 47 67 P M 04 Methodology RMC 12 Women and Media 25 75 100 20 45 65 P M 04 RMC 13 Feminism and 25 75 100 22 33 55 F M 04 Women's Movement Any alteration or overwriting invalidates this Statement of Marks.
Passing Minimum:
Kodaikanal - 624 102 Sd/- Date : 06.12.2004 Controller of Examinations Mother Teresa Women's University, Kodaikanal ...
2. She was declared failed in the subject of Feminism and Women's Movement and she secured only 33 marks out of 75, which does not represent 50% of 75.
3. The petitioner questions the declaration that the petitioner has failed in the said subject on the ground that when both the internal and external marks are put together, she has secured more than 50%, i.e. 22 marks internal and 33 marks in external.
4. I have heard Mr.C.Gunasekaran,learned counsel appearing for the petitioner and Mrs.C.Muthulakshmi, learned counsel appearing for the respondents.
5. The prospectus under which qualifications and eligibility norms were prescribed, stipulated following the condition for the conduct of examination. "EXAMINATIONS Examination will be conducted in May/June. Passing minimum for each subject is 50 marks for Post-Graduate, P.G.Diploma and M.Phil Course and 40 marks for Under Graduate Courses. Examination will be conducted for a duration of 3 hours."
6. The said paragraph reveals, all that is required for passing each subject is 50 marks for M.Phil Courses. The prospectus does not indicate that, in order to get a pass, one must get 50% both internal and external examinations.
7. However, learned appearing for the respondents would submit, by that clause, it should be held that 50% in internal and external examinations separately and that is what indicated in the Statement of Marks dated 5.1.2009 issued to the petitioner at a later date.
8. In my opinion, the said contention cannot be accepted. The petitioner was issued with Statement of Marks dated 6.12.2004 immediately after the publication of results on 15.9.2004. That Statement of Marks does not indicate anything of compulsion for a candidate to get 50% of marks in internal as well as external examinations separately. However, when the petitioner had made certain representations to the respondents, he was issued with another statement of Marks dated 5.1.2005 and in that Certificate, he was informed that 50% of marks should have been obtained in internal as well as external examinations separately. That entry is an addition and afterthought. That apart, the prospectus does not indicate any such compulsion for a candidate, in order to get a pass, one must secure 50% of marks separately in internal as well as external examinations.
9. Of course, the Court would be slow to interfere with the academic matters as it is the ultimate decision of the policy making authority to regulate educational system including the conduct of examination to prescribe the minimum marks for a pass. However, when the prospectus, which governs both the candidate as well as the institution does not indicate any prescription as to the minimum of 50% of marks both in internal and external separately, the interpretation sought to be given by the respondent university requiring 50% of marks separately both in internal and external examination cannot be accepted. Of course, it is for the respondent University to prescribe such a qualification in the prospectus and in which event, this Court would not involve. In the absence of any specific prescription, particularly, when the prospectus states that in order to get a pass, a candidate must get 50% of marks in the subject, the petitioner is entitled to be declared as having passed in Feminism and Women's Movement as she has secured 55 marks put together both internal and external examinations.
10. Accordingly, the Writ Petition is allowed. Only to that extent, the petitioner will be entitled to have a declaration as a pass in the subject. No order as to costs.
asvm To
1.The Controller of Examinations, Mother Teresa Women's University, Kodaikanal, Tamil Nadu.
2.The Director, School of Distance Education, Mother Teresa Women's University, Kodaikanal, Tamil Nadu.