IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2390 of 2006()
1. REJI MATHEW VARGHESE, S/O.T.M.VARGHESE,
... Petitioner
Vs
1. MAHATMA GANDHI UNIVERSITY
... Respondent
2. THE VICE CHANCELLOR,
3. THE CONTROLLER OF EXAMINATIONS,
4. THE DIRECTOR OF MEDICAL EDUCATION,
5. THE PRINCIPAL,
For Petitioner :SMT.S.MUMTAZ
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :19/12/2006
O R D E R
V.K.Bali,C.J. & S.Siri Jagan,J.
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W.A.No.2390 of 2006
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Dated, this the 19th day of December, 2006
JUDGMENT
V.K.Bali,C.J. (Oral)
The challenge in the present Writ Appeal is to the
order dated 15th November, 2006 passed by the learned Single
Judge in W.P.(C).No.28977 of 2006. We have heard learned
counsel for the appellant and examined the records of the case.
We have also carefully gone through the impugned judgment. It
is not in dispute that if the rule on the basis of which the matter
has been disposed by the learned Single Judge, may apply, the
appeal is only to be dismissed. Counsel for the appellant,
however, contends that the rule made applicable by the learned
Single Judge is not applicable to professional courses. When,
however, questioned as to what rule in that case would be
applicable to professional courses relevant to the petitioner,
counsel is not able to answer. If the rule that has been made
applicable is to govern the field, the natural consequence would
be that he would fail and that the writ petition has to be
W.A.No.2390 of 2006 – 2 –
dismissed. If that rule is not applicable and there is no rule which
may govern the field with regard to revaluation, then the original
award of marks shall have to be confirmed by which the
petitioner would fail. No merits. Dismissed.
V.K.Bali
Chief Justice
S.Siri Jagan
Judge
vku/-