Former UKZN student wants re-mark

2013-09-26 00:00

THE high court yesterday granted a further postponement of a civil action in which a former Durban electronic engineering student, Praneel Misthry, wants the University of KwaZulu-Natal (UKZN) to review what he alleges was an “unfair” marking process that resulted in him failing his course by two percent in 2007.

Yesterday, the application for an adjournment was opposed by UKZN on various grounds.

However, after legal argument, Judge Philip Nkosi granted lawyers acting for Misthry permission to file a late replying affidavit in the matter, and to postpone the case sine die (to a date yet to be arranged).

The court was told that the reason for the late filing of the affidavit had been due to a lack of funds by Misthry’s family following his father’s death in June 2012.

Misthry approached the court in 2008 because he claimed that he was unfairly failed in the practical section of his examination, and as a result was not able to attain his Bachelor of Science degree.

His advocate, Christo van Rensburg, submitted yesterday that the high court should order that factual disputes between Misthry and the university, including the alleged “discrepancies” in the marks allocated by two internal examiners and alleged “bias” on the part of one of them (Professor Honjun Xu), ought to be referred for the hearing of oral evidence.

Advocate Alan Boulle for UKZN opposed the application and argued that Misthry had exhausted his internal remedies to obtain a review of his marks, and that the issue was not reviewable by the court.

He said it was a requirement of the course that Misthry pass the practical component and he didn’t do so.

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