IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 7423 of 2010(C) ------------------------- PETITIONER(S): --------------- MITHUN MURALEEDHARAN,AGED 23 YEARS, S/O.MURALEEDHARAN,ASWATHY MANDIRAM,PALLIMON.P.O, KANNANALLOOR,KOLLAM. BY ADV. SRI.V.JAYAPRADEEP SMT.PRIYA SHANAVAS RESPONDENT(S): --------------- 1. THE UNIVERSITY OF KERALA REPRESENTED BY ITS CHANCELLOR,THIRUVANANTHAPURAM. 2. THE VICE CHANCELLOR,UNIVERSITY OF KERALA,THIRUVANANTHAPURAM. 3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA,THIRUVANANTHAPURAM. 4. THE DIRECTOR,VIGILANCE & ANTI-CORRUPTION BUREAU,KERALA,THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7423/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of March, 2010 J U D G M E N T The petitioner, who is a student of 2005 batch B.A.M.S course in the first respondent-University, seeks for a direction to the second respondent-Vice Chancellor to take steps to revalue the answer paper for the subject 'Rachana Sharir' in the examination undertaken by the petitioner in October, 2008 by a third valuator. There is a further prayer to allow the petitioner to appear for the paper- Rachana Sharir in the next examination of B.A.M.S first Professional as a last mercy chance. 2. According to the petitioner, there are altogether six papers for the first year B.A.M.S and he has cleared all the five papers with very good marks. But he could not succeed in the sixth paper inspite of repeated attempts. Ext.P1 is the copy of the mark list showing the marks obtained by him. He submitted an application for revaluation and as it did not evoke any positive action, he approached the Lok Ayukta. Thereafter also he could not get any reliefs in the matter as the result of revaluation did not favour him. Seeking for an additional mercy chance and for a third revaluation, he approached the second respondent. By Ext.P5, his application stands rejected. W.P.(C). No.7423/2010 -:2:- In these circumstances, he has approached the Chancellor by Ext.P6 mercy petition. 3. Heard the learned Standing Counsel for the University. It is pointed out that the petitioner has already availed of all the four chances and, therefore, the University cannot permit him another chance for appearing in the examination. The learned counsel for the petitioner submitted that the said stand will be too harsh as the petitioner has already cleared all the other papers and if a further chance is denied his future will be ruined. All these are matters for the Chancellor to consider in Ext.P6. Therefore, the same will be considered in accordance with law as expeditiously as possible since it is pointed out that the next examination will be held within the near future. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the Chancellor of the University for a consideration of Ext.P6. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms