Prebiun vs University Of Calicut on 22 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 952 of 2008(R)


1. PREBIUN, S/O.K.S. PRASAD,
                      ...  Petitioner

                        Vs



1. UNIVERSITY OF CALICUT,
                       ...       Respondent

2. THE VICE CHANCELLOR,

3. THE CONTROLER OF EXAMINATION,

4. THE PRINCIPAL

                For Petitioner  :SRI.C.S.AJITH PRAKASH

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :22/10/2008

 O R D E R
                        KURIAN JOSEPH, J.
               -----------------------------------------
                      R.P.No.952 of 2008 in
                   W.P(C) No.28504 of 2007
               -----------------------------------------
           Dated this the 22nd day of October, 2008

                              O R D E R

This is a petition to review the judgment dated 27-6-2008.

Petitioner is the review petitioner. The writ petition was filed

praying for a direction to publish the result of the second year

B.A. degree examination after considering the mark scored in the

first year Hindi paper. The writ petition was disposed of in the

light of the interim order dated 5-2-2008 which reads as follows:-

The respondents shall publish the result
of the petitioner for the second year B.A.
undergone by him in the 4th respondent
College, within 2 weeks.”

It is submitted that the main grievance still subsists, that is, the

paper answered by the petitioner is not traced. According to the

University the paper was not received by the University. It is

further submitted that there is no provision enabling the

University to award marks based on the marks secured by the

petitioner in other examinations. In the peculiar facts and

R.P.No.952 of 2008
-:2:-

circumstances of the case it is submitted that the University is

prepared to afford a fresh opportunity to the petitioner in the old

syllabus to write the examination afresh. That is not acceptable

to the petitioners, it is submitted on instruction. Therefore, the

writ petition will have to be heard on merits. Accordingly the

review petition is allowed. The judgment dated 27-6-2008 is

recalled. Post the writ petition for hearing.

(KURIAN JOSEPH, JUDGE)

ahg.

KURIAN JOSEPH, J.

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R.P.No.952 of 2008 in
W.P(C) No.28504 of 2007

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O R D E R

22nd October, 2008