IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 23899 of 2009(F) -------------------------- PETITIONER(S): --------------- AMBILI KRISHNAN, D/O.KRISHNAN, AGED 22 YEARS,KANIMANGALAM P.O. TRICHUR - 27. BY ADV. SRI.A.MOHAMED MUSTAQUE SMT.LAKSHMI RAJAN RESPONDENT(S): --------------- 1. THE VICE -CHANCELLOR, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR DT. 2. THE REGISTRAR, KANNUR UNIVERSITY, UNIVERSITY CAMPUS, MANGATTUPARAMBA, KANNUR, KANNUR DT. 3. THE CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, KANGATTUPARAMBA, UNIVERSITY CAMPUS, KANNUR, KANNUR DT. 4. THE PRINCIPAL, CENTURY DENTAL COLLEGE, POINACHI, KASARGOD ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C).23899/2009 ....................... Dated this the 26th day of August, 2009 JUDGMENT Petitioner is a BDS student studying in the 4th respondent College. She appeared for the 2nd year BDS examination which consists of written exams for 100 marks, viva-voce for 50 marks and internal assessment for 50 marks, aggregating 200 marks. She was noted as failed in Paper-III for not securing 50 marks in Clinical and Practical. This is apparently on account of a mistake on the part of the examiners in allotting marks for Paper-III. Petitioner is given 46 marks out of 50 for Viva-voce whereas actually 46 should have been awarded for written clinical examination and 31 marks which has been wrongly allotted for written practical examination is the mark to be awarded for viva-voce. This mistake has been accepted by the 4th respondent in Ext.P2. Petitioner has submitted Ext.P3 request. 2. University submits that the mistake is obviously not the mistake of the University or the Examiner. This is a mistake committed by the Principal. W.P.(C).23899/09 2 3. Ext.P2 submitted by the 3rd respondent along with the petitioner's request, Ext.P3, shall be placed before the Standing Committee. The body shall have the power to consider whether a mistake has been committed and to see that the mistake is rectified in the light of Ext.P2. Needful shall be done within six weeks from the date of receipt of a copy of this judgment. In the meanwhile, petitioner shall be permitted to continue to prosecute the 3rd year BDS Course which will be subject to the decision to be taken by the Standing Committee. Writ petition is disposed of as above. V.GIRI, Judge mrcs