IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 21824 of 2010(C) ------------------------------------ PETITIONER(S): ------------------------ ROBIN JAMES, KUNNAKKATTU HOUSE, PASUKADAVU P.O., KUTTIADI, KOZHIKODE-673 508. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): ------------------------- 1. THE MALABAR CHRISTIAN COLLEGE, CALICUT, PIN-673 001, REPRESENTED BY ITS PRINCIPAL. 2. THE CONTROLLER OF EXAMINATION, UNIVERSITY OF CALICUT, THENHIPALAM, KOZHIKODE, PIN-673 635. 3. THE UNIVERSITY OF CALICUT, THENHIPALAM, KOZHIKODE, PIN-673 635, REPRESENTED BY ITS REGISTRAR. R2 & R3 ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KL. WP(C).No. 21824 of 2010(C) PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE MARK LIST ISSUED TO THE PETITIONER BY SECOND RSPONDENT DATED 11/03/2010. EXT.P2: TRUE PHOTOCOPY OF THE LETTER ISSUED BY HEAD OF THE DEPARTMENT OF THE PHYSICAL EDUCATION DATED 30/03/2010. EXT.P3: TRUE PHOTOCOPY OF THE LETTER ISSUED BY HEAD OF THE DEPARTMENT OF THE HISTORY TO THE SECOND RESPONDENT DATED 31/03/2010. EXT.P4: TRUE PHOTOCOPY OF THE MARKS AWARDED BY FIRST RESPONDENT TO THE PETITIONER FOR INTERNAL ASSESSMENT DATED 31/03/2010. EXT.P5: TRUE PHOTOCOPY OF THE LETTER ISSUED BY FIRST RESPONDENT TO THE SECOND RESPONDENT DATED 31/03/2010. EXT.P6: TRUE PHOTOCOPY OF THE APPLICATION FOR REVALUATION ALONG WITH THE CHELAN SUBMITTED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 15/03/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO JUDGE KL. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 21824 of 2010 C ``````````````````````````````````````````````````````` Dated this the 2nd day of September, 2010 J U D G M E N T The petitioner was a BA Degree student in the first respondent College affiliated to the third respondent University. He was entitled to marks for internal assessment reckoning his sports activities. According to the petitioner, the College authorities committed a mistake by not forwarding the internal assessment marks to th University before the finalisation of his marks. It is stated that on that basis, the University issued Ext.P1 mark list, as per which the petitioner failed in the subjects. It is stated that subsequently the College forwarded Exts.P3 and P4 internal assessment marks to the University under cover of Ext.P5 letter and that despite its receipt, University has not taken any action based on Exts.P3 to P5. Meanwhile, the petitioner submitted Ext.P6 application for revaluation of the papers and the revaluation also has not been completed. It is with this grievance the writ petition has been filed. 2. The University has filed a counter affidavit contending that before finalising the marks, as per Ext.P1, the College had already forwarded the internal assessment marks with 'zero' marks WPC.21824/2010 : 2 : and that therefore, the contention to the contrary is wrong. 3. Even if what the University contends is factually correct, if the zero marks awarded by the College was a mistake, necessarily the matter needs to be examined. Therefore, I direct the University to consider Exts.P3 to P5, internal assessment marks, forwarded by the College, and take a decision in the matter. This shall be done, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. 4. In so far as Ext.P6 application made by the petitioner for revaluation of the answer papers are concerned, even going by the submission made by the University, the revaluation is not completed. Therefore, the revaluation as sought for in Ext.P6 shall be expedited and completed within eight weeks from the date of receipt of a copy of this judgment, provided, the application is otherwise in order. 5. The petitioner shall produce a copy of this judgment before the University for compliance. The writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks