IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 14897 of 2007(W)
1. MANJUSHA K., III BAMS STUDENT,
... Petitioner
Vs
1. THE KANNUR UNIVERSITY,
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
For Petitioner :SRI.ASOK M.CHERIAN
For Respondent :SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY
The Hon'ble MR. Justice A.K.BASHEER
Dated :25/05/2007
O R D E R
A.K.BASHEER, J.
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W.P.(C)Nos.14897 & 14898 of 2007
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Dated this the 25th day of May, 2007
JUDGMENT
Since common reliefs have been sought for in these two
writ petitions, they are being disposed of through this
common judgment.
2. Petitioners are students in 3rd year BAMS (Bachelor of
Ayurvedic Medicine and Surgery) in Parassinikadavu
Ayurveda Medical College which is affiliated to the Kannur
University. The 3rd year University examination is scheduled
to commence from June 6, 2007. However, petitioners face
the prospect of being disallowed to write the examination
since they have not passed the entire papers in the second
year course. While petitioner in Writ Petition No.14897 of
2007 is yet to pass the examination in ‘Charaka Samhitha’
(Poorvardham), the petitioner in Writ Petition No.14898 of
2007 is yet to pass the examination in ‘Rasasasthra and
Baishajya Kalpana’. It is the admitted position that only those
students who have passed all the papers in first and second
W.P.(C)Nos.14897 & 14898 of 2007
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year examinations will be eligible to write the 3rd year
examination. It is also not in dispute that the petitioners have
made a request to the University for revaluation of the papers
in which they have failed. Those applications are admittedly
pending before the University.
3. I have heard learned counsel for the petitioners and
learned Standing Counsel for the University.
4. It is submitted by learned Standing Counsel after
getting instructions from the University that it may not be
possible for the University to get the two papers revalued
before the commencement of the examination. He also points
out that the papers may have to be sent to a third valuer, if
there is a difference of more than 5% in the marks after
revaluation; which again may result in further delay. The
grievance of the petitioners is that they are likely to lose one
academic year, if they are not allowed to write the 3rd year
examination.
W.P.(C)Nos.14897 & 14898 of 2007
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5. In the peculiar facts and circumstances, I am satisfied
that these writ petitions can be disposed of with the following
directions:
a) The University shall take expeditious steps to ensure
that the two papers of the petitioners namely ‘Charaka
Samhitha (Poorvardham) of the petitioner in Writ
Petition No.14897 of 2007 and ‘Rasasasthra and
Baishajya Kalpana’ of the petitioner in Writ Petition
No.14898 of 2007 are revalued as expeditiously as
possible, at any rate, within two months from today.
The result of revaluation shall be communicated to the
petitioners without any delay.
b) Petitioners shall be allowed to appear for the 3rd
year examination which is scheduled to commence
from June 6, 2007 or any other subsequent date,
provisionally subject to the result of the revaluation. If
W.P.(C)Nos.14897 & 14898 of 2007
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the petitioners fail to secure pass marks even after the
revaluation, the papers in the 3rd year examination
which they are allowed to write provisionally will be
treated as invalid. In other words, the petitioners will
have to write the same examination again.
(c) The University shall accept the examination fee
from the petitioners ignoring the delay, if it is remitted
by them within seven days from today.
Writ petitions are disposed of in the above terms.
A.K.BASHEER, JUDGE
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