High Court Kerala High Court

Manjusha K. vs The Kannur University on 25 May, 2007

Kerala High Court
Manjusha K. vs The Kannur University on 25 May, 2007
       

  

  

 
 
  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.

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

                   W.P.(C)Nos.14897 & 14898 of 2007

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

                   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

:: 2 ::

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

:: 3 ::

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

:: 4 ::

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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