Ashutosh Bilves vs Annamalai University, Annamalai Nagar and others

Augustine George Masih, J.—Prayer in this petition is for directing the respondents-Annamalai University to adopt the procedure of moderation while checking the answer-sheets of the students. This the petitioner is pressing for the reason that he has obtained 717 marks in his M.Sc. Examination whereas to obtain 60% marks, he needs another three marks which would make them 720. Petitioner approached the respondent-University by way of representation seeking three grace marks which request has been declined. Similarly, the petitioner has approached the respondent-University for granting another chance for improvement which has also been declined on the ground that there is no such provision and as he has already availed the same. In the light of these circumstances, the prayer has been made by the petitioner in the present writ petition. Reliance has been placed on a judgment of the Supreme Court in the case of Sanjay Singh and Another Vs. U.P. Public Service Commission, Allahabad and Another, where in selection, the Supreme Court has dealt with the procedure of moderation and has so held that moderation may be taken recourse for evaluating the comparative merit of the candidates who had appeared in the test for appointment to the post.

The counsel for the petitioner could not refer to any judgment which deals with the situation where the University has taken recourse to moderation while checking the papers of the students. Further as submitted by the counsel for the petitioner, there is no provision in the University Calendar which provides for moderation of the papers which have to be checked by the respondents. There being no provision as such under the Statute, under which the claim can be made by the petitioner, as has been made in the present writ petition, I do not find any merit in this writ petition and the same stands dismissed.