IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Con.Case(C).No. 847 of 2011(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WA.409/2011 DATED 28/03/2011 .................... PETITIONER(S): / RESPONDENTS 18 & 19 --------------- 1. M. ABIN SURAJ,AGED 28 YEARS, S/O. K.P.MOHANLAL, 'SARADA VILAS', OORAMPALLIL MUNDAKKAL, KOLLAM-691001. 2. JIBIN.C.P., AGED 28 YEARS, S/O.DR. C.P.KUNHEEN, 'NEST', ERANHIKODE.P.O., EDAVANNA, MALAPPURAM-676541. BY ADV. SRI.K.RADHAKRISHNAN, SENIOR ADVOCATE SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): / APPELLANTS 1, 2 & 3 --------------- 1. DR. P.P.MOHAMMED, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS, REGISTRAR, THE UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O. KOZHIKODE-673635. 2. DR.TOM JOSE, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS, VICE-CHANELLOR, UNIVERSITY OF CALICUT, THENJIPALAM,CALICUT UNIVERSITY.P.O., KOZHIKODE-673635. 3. SRI. V. RAJAGOPALAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS, CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT THENJIPALAM, CALICUT UNIVERSITY.P.O., KOZHIKODE-673635. ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERS FOR R1 TO 3 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: COC NO.847/2011 APPENDIX PETITIONERS' EXHIBITS ANNEXURE-1 : COPY OF JUDGMENT IN WP(C) NO.37955/2010 OF THIS HONOURABLE COURT DATED 17/02/2011. ANNEXURE-2 : COPY OF JUDGMENT IN W.A.NO.409/2011 OF THIS HONOURABLE COURT DATED 28/03/2011. ANNEXURE-3 : COPY OF PROCEEDINGS OF THE PASS BOARD DATED 18/04/2011. ANNEXURE-4 : COPY OF AFFIDAVIT FILED BY DR.T.K.NARAYANAN, REGISTRAR- IN-CHARGE OF THE UNIVERSITY OF CALICUT IN COC NO.371/2011 DATED 24/05/2011. ANNEXURE-5 : COPY OF NOTIFICATION NO.EPR I/FINAL MBBS PART II/SEPT. 2010 ISSUED BY THE UNIVERSITY DATED 18/04/2011. ANNEXURE-6 : COPY OF ORDER PASSED BY THIS HONOURABLE COURT IN COC NO.371/2011 DATED 08/06/2011. ANNEXURE-7 : COPY OF JUDGMENT IN COC NO.653/2011 OF THIS HONOURABLE COURT DATED 28/07/2011. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... COC No.847 of 2011 .................................................................... Dated this the 4th day of August, 2011. J U D G M E N T Ramachandran Nair, J. This Contempt of Court Case is filed alleging violation of the judgment because the two petitioners have not been given grace marks in two subjects applied for by them. 2. We have heard both sides and have also gone through Annexure-3 guidelines issued by the Pass Board based on our judgment. 3. We are of the view that Annexure-3 guidelines issued is unrealistic because students getting 71% and above marks in 4 out of 5 subjects will certainly secure more than minimum marks for a pass in the 5th subject. Those getting above 71% marks in all but one subject should be treated as in the brilliant class. We therefore feel that modification is required to Annexure-3 guidelines issued by the Pass Board. However, we do not want to fix the same by ourselves. COC No.847/2011 2 In this case considering the fact that both the petitioners have passed in all subjects except in one subject each that the 1st petitioner is short only by 5 marks i.e. 2 marks for theory and 3 marks for practical, in the subject Paediatrics, and 2nd petitioner is short only by 4 marks for practical in the subject Surgery, we direct the University to award 5 marks (2 marks for theory and 3 marks for practical) in the subject Paediatrics to the 1st petitioner and 4 marks to the practical in the subject Surgery to the 2nd petitioner as grace marks and declare their results. The University will comply with the above direction within two weeks from the date of production of a copy of this judgment. Accordingly, this Contempt of Court Case is closed. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg