Esther Anu Pathrose vs Mahatma Gandhi University on 6 June, 2007

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Kerala High Court
Esther Anu Pathrose vs Mahatma Gandhi University on 6 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16811 of 2007(B)


1. ESTHER ANU PATHROSE,D/O.PATHROSE,
                      ...  Petitioner

                        Vs



1. MAHATMA GANDHI UNIVERSITY,
                       ...       Respondent

2. THE CONTROLLER OF EXAMINATIONS,

3. THE PRINCIPAL, M.O.S.C.MEDICAL COLLEGE,

                For Petitioner  :SRI.MATHEW A KUZHALANADAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :06/06/2007

 O R D E R
                               S. SIRI JAGAN, J.

                      ---------------------------------

                       W.P.(C)NO.16811 OF 2007

                    ------------------------------------

              DATED THIS THE 6th DAY OF JUNE, 2007


                                   JUDGMENT

The learned counsel for the petitioner is absent. The learned

standing counsel for the University argues on getting instructions. The

petitioner is a final year M.B.B.S. student of the 3rd respondent’s

college. The petitioner failed in two subjects in the second year

M.B.B.S. Examination. The petitioner applied for scrutiny and

revaluation for the failed subjects. He also wrote the supplementary

examination conducted in May 2007. The petitioner submits that since

the University has not either revalued her answer scripts or published

the results of the supplementary examination, the petitioner should be

allowed to write the final year examination subject to the results of the

revaluation as well as the supplementary examination.

2. The learned standing counsel on instructions submits that

the petitioner’s application for revaluation was belated and the Vice

Chancellor condoned the delay only on 18.5.07 and the respondents

would require at least two more months’ time to complete the

revaluation process. In respect of the supplementary examination, the

learned standing counsel would submit that what the petitioner has

written in May 2007 is not a supplementary examination. According to

W.P.(c)No.16811/07 2

him, the supplementary examination for the petitioner’s batch was

conducted in December 2006, which the petitioner did not write.

The present examination is the regular examination which the

petitioner write along with the regular students of the next batch.

As such the petitioner cannot claim that she should be allowed to

write the examination pending declaration of results of the

supplementary examination. After hearing the learned standing

counsel, I direct the respondents to complete the revaluation

process, as expeditiously as possible, at any rate, within one month

from the date of receipt of a copy of this judgment.

3. Regarding the prayer for permitting the petitioner to

write the final year examination, I am not inclined to grant the

prayer since according to me as far as MBBS examinations are

concerned, a strict view has to be taken, as these students after

passing the MBBS examination, are expected to treat the public and

therefore they should pass examinations in the hard way.

The writ petition is disposed of with the above direction.

S. SIRI JAGAN, JUDGE

Acd

W.P.(c)No.16811/07 3

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