IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7444 of 2011(E) -------------------------------- PETITIONER(S): ------------------- ANOJ, AGED 24, S/O. SELVANAYAKAM, SELROSE, KOLLIYODU, PARASUVAIKKAL. BY ADVS. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, KERALA UNIVERSITY, PALAYAM, THIRUVANANTHAPURAM - 695 001. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM- 695 001. 3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM- 695 001. 4. EXAMINATION PRESS BOARD - 2010, REPRESENTED BY ITS CHAIRMAN, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM- 695 001. 5. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM-695 011. R1 TO R4 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC. KERALA UTY. R5 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J ........................................... WP(C).NO.7444 OF 2011 ............................................ DATED THIS THE 9th DAY OF MARCH, 2011 JUDGMENT The prayers of the petitioner in this writ petition are as follows. “i) to issue a writ of mandamus or any other appropriate writ, direction or order directing respondents to award grace marks upto 5 for practicals in the subject of Obstretrics and Gynecology in IIIrd provisional Part I examination and publish the result of petitioner afresh by declaring him as passed at first instance expeditiously as possible within such time fixed by this Hon' ble Court; ii) to issue a writ of mandamus directing respondents to take a decision on Ext.P5 in terms of Ext.P4 within such time fixed by this Hon' ble Court”. 2. The learned counsel for the petitioner submits that the wpc 7444/2011 2 issue is actually covered by Ext.P4 judgment rendered by this Court in WP(C)No.37955 of 2010 and that the petitioner is also entitled for similar benefits. It is also stated that the petitioner will be satisfied if a direction is given to the respondents to consider and take a decision on Ext.P5 in terms of Ext.P4. 3. Heard the learned standing counsel as well, who submits that the factual position with regard to the case of the petitioner stands different and that the same has to be dealt with in a more meticulous manner. Any way, since the prayer of the petitioner is only to take a decision on Ext.P5, in the light of Ext.P4, this Court does not find it necessary to deal with the merits for the time being. In such circumstances, writ petition is disposed of, directing the second respondent to take a decision on Ext.P5 in the light of Ext.P4. This shall be done as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. P.R.RAMACHANDRA MENON, JUDGE lgk