IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 14645 of 2009(A) -------------------------- PETITIONERS: --------------- 1. BINESH BABY, S/O.BABY, KUNNUMPURATH(HOUSE), PAYYAMPILLY (POST), PADAMALA, MANANTHAVADY, WAYANAD DISTRICT. 2. ANEESH THOMAS, S/O.O.M.THOMAS, OMAKKARA HOUSE, KENICHIRA POST, SULTHAN BATHERY, WAYANAD DISTRICT. BY ADVS. MR.P.K.VARGHESE MR.E.C.BINEESH RESPONDENTS: --------------- 1. THE CALICUT UNIVERSITY, REP. BY ITS REGISTRAR, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY P.O., THENHIPALAM, MALAPPURAM DISTRICT. 3. THE PRINCIPAL, C.K.RAGHAVAN MEMORIAL COLLEGE OF EDUCATION, PULPALLY, WAYANAD DISTRICT. ADV. MR.T.H.CHACKO FOR R3 MR.O.K.MURALEEDHARAN FOR R3 MR. P.C. SASIDHARAN - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14645 of 2009 PETITIONER'S EXHIBITS EXT.P1: COMPALINT FILED BY PETITIONERS DTD 24.10.2008. EXT.P2: APPLICATION FILED BY 1ST PETITIONER UNDER THE RIGHT INFORMATION ACT. EXT.P3: REPLY TO EXT.P2. EXT.P4: MARK LIST OF 1ST PETITIONER. EXT.P5: MARK LIST OF 2ND PETITIONER. EXT.P6: COMPLAINT FILED BY THE PETITIONERS BEFORE R2. EXT.P7: COPY OF CERTIFICATE OBTAINED BY 1ST PETITIONER IN ATHLETIC MEET. EXT.P8: COPY OF THE CERTIFICATE OBTAINED BY 2ND PETITIONER IN ATHLETIC MEET. EXT.P9: COPY OF NEWS PUBLISHED IN THE “MALAYALA MANORAMA' DAILY ON 11.11.2009. EXT.P10: COPY OF MEMO DTD 2.11.2009 ISSUED BY R2. EXT.P11: COPY OF APPOINTMENT LETTER NO.22-D/MIS/2010/222. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.14645 OF 2009 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T The petitioners are B.Ed students of the third respondent’s College. They completed the B.Ed Course in first class. But according to them, they are entitled to more marks in internal assessment, which has not been given to them on account of the inimical attitude of the third respondent towards the petitioners. Therefore, they have filed Ext.P6 complaint before the second respondent. For the present, the petitioners would be satisfied with a direction to the second respondent to consider and pass orders on Ext.P6. 2. I have heard the learned standing counsel for the University as well as the learned counsel appearing for the third respondent. 3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The second respondent shall consider and pass orders on W.P.(c0No.14645/09 2 Ext.P6, after affording an opportunity of being heard to the petitioners as well as the third respondent as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. However, I make it clear that the pendency of Ext.P6 complaint will not stand in the way of the University issuing degree certificates to the petitioners, in so far as in the degree certificate no marks need be stated, but only the grade obtained by them and the petitioners have already obtained first class. S. SIRI JAGAN, JUDGE acd W.P.(c0No.14645/09 3 W.P.(c0No.14645/09 4