IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 27593 of 2010(Y) ----------------------------------------- PETITIONER(S): -------------------------- JISHA P.SAINUDEEN, AGED 22,D/O P.T.SAINUDEEN, WHITE HOUSE, AMAYANNOOR PO, KOTTAYAM-686 025. BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENT(S): --------------------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA PO, KOTTAYAM DISTRICT REP.BY IT'S REGISTRAR. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, -OF- -DO- -DO- 3. THE SYNDICATE OF MAHATMA GANDHI UNIVERSITY REP.BY IT'S CHAIRMAN VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, OF -DO- -DO- 4. STTE OF KERALA, REP.BY ITS CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 5. PRINCIPAL, RAJEEV GANDHI INSTITUTE OF TECHNOLGOY, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27593 of 2010 (Y) --------------------------------- Dated, this the 16th day of September, 2010 J U D G M E N T Petitioner has completed B.Tech degree in Electrical and Electronics Engineering from the 5th respondent College. In the final semester examination, the petitioner failed in the subject 'Electrical System Design' for one mark. According to the petitioner, she is entitled to grace mark on the basis of Ext.P3 certificate & Ext.P5 order and that if grace mark as provided in Ext.P5 was given, she would have passed the subject. It is also stated that on coming to know of the result, she applied for revaluation and scrutiny as per Ext.P8, and even on that application, steps have not been taken by the University. It is in this background the writ petition has been filed. 2. Learned standing counsel for the University has obtained instructions in the matter. According to the learned standing counsel, by Ext.P5, the University has made a provision for grace mark with a minimum of 2% and a maximum of 5% of the aggregate WP(C) No.27593/2010 -2- marks. It is stated that the University is now considering a proposal for restructuring the grace marks as provided in Ext.P5 order and that the matter is pending consideration of the Syndicate of the University. It is stated that it was therefore that further steps were not taken in the case of the petitioner. 3. From the submissions made by the learned standing counsel for the University, it is obvious that as at present, the issue of grace mark is governed by Ext.P5 order of the University. Having regard to the fact that the eligibility of the petitioner for grace mark has been certified as per Ext.P3, and as Ext.P5 still remains in force, necessarily, the petitioner is entitled to get the benefit of Ext.P5 order. Therefore, the University shall consider the case of the petitioner and award eligible grace marks to the petitioner applying the provisions of Ext.P5 order. This the University shall do, at any rate, within two weeks of production of a copy of this judgment. 4. Now that grace mark is ordered to be awarded to the petitioner, and as the petitioner is likely to pass in the subject, I do not think it necessary for the petitioner to pursue her application for revaluation and scrutiny. Therefore, that issue raised by the WP(C) No.27593/2010 -3- petitioner is left open to be agitated in future, if necessary. The petitioner shall produce a copy of this judgment before the respondent University for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg