IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WP(C).No. 26098 of 2009(F) -------------------------------------- PETITIONER(S): ---------------------- 1. SUJITH RAJ, S/O.VELAYUDHAN.P, CHITHIRA NIVAS, ERANHIKODE P.O., EDAVANA, MALAPPURAM. 2. ROJA. V.R, ANCIL MANZIL, VANMELIL THEKKEKARA, MANCODE P.O., PATHANAMTHITTA. 3. SHAYANA. K., KALANKUZHIYIL HOUSE, PADANILAM P.O., KUNNAMANGALAM, KOZHIKODE. 4. FEBINA. N.K., NECHIKKADEN HOUSE, PALAKKELVETTA P.O., MALAPPURAM. 5. NAJILA C.K., CHERUKARA HOUSE, KOLAPPARAMBA P.O., MALAPPURAM. 6. JASHEELA. A.P., ANAPPADIKKAL HOUSE, KADALUNDI NAGARAM P.O., ANANGADI, MALAPPURAM. 7. SAJINA.R., USHAS, THIRUTHIVAD P.O., PUTHIYARA, CALICUT. 8. THASNEEM S.RAHIM, 'TZANA', BANA ROAD, MALAKAM, MANJERI, MALAPPURAM. BY ADV. MR.RASHEED C.NOORANAD RESPONDENT(S): ------------------------ 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. 3. VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. R1 TO R3 BY ADV. MR.P.C. SASIDHARAN, SC, CALICUT UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 26098 of 2009 - F ---------------------------------------- Dated 22nd September, 2009 Judgment Heard Sri.C.Rasheed, the learned counsel appearing for the petitioner and Sri.P.C.Sasidharan, the learned standing counsel appearing for the University of Calicut. 2. The petitioners are students of Government Homoeopathic Medical College, Calicut, a college affiliated to the University of Calicut. They appeared for the first year BHMS Examination conducted by the University in June, 2009. The results were published on 25.7.2009. Petitioners 1 to 5 failed in one paper ‘Homoeopathic Materia Medica (HMS103)’, the sixth petitioner failed in the paper ‘Anatomy (HMS101)’, the seventh petitioner failed in three papers namely, ‘Anatomy (HMS101)’, 'Physiology Including Biochemistry (HMS102)' and 'Homoeopathic Materia Medica (HMS103)' and the eighth petitioner failed in three papers namely, 'Anatomy (HMS101)', 'Homoeopathic Philosophy and Psychology (HMS104)' and 'Homoeopathic Pharmacy (HMS105)'. The petitioners have therefore applied for revaluation of their respective answer scripts by submitting applications for revaluation. They state that they have also paid the requisite fee. The petitioners submit that they have passed all the other papers and that if their answer scripts are revalued, they are sure to secure a pass in the aforesaid papers. They submit that as they W.P.(C) No.26098/2009 2 have failed in first year examination, they are precluded from attending the second year classes. On these grounds, they seek a writ in the nature of mandamus commanding the respondents to expeditiously revalue their answer scripts. 3. Sri.P.C.Sasidharan, the learned standing counsel appearing for the University of Calicut submits that the University will revalue the petitioners’ answer scripts in the concerned subjects if their applications are in order and they have paid the prescribed fee and communicate the results to them within eight weeks from today. In the light of the said submission and having regard to the fact that, as failed candidates, the petitioners are not in a position to attend second year classes, I dispose of this writ petition with a direction to the respondents to revalue the petitioners’ answer scripts in the various subjects described in prayer (i) of this writ petition for which they had appeared first year BHMS Examination held in June, 2009 with the register numbers mentioned in Exts.P9 to P16 and to communicate the results to them within eight weeks from today. P.N.RAVINDRAN Judge vaa