IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WA.No. 1134 of 2010() --------------------- AGAINST THE JUDGEMENT IN WPC.17635/2010 Dated 10/06/2010 .................... APPELLANT(S): -------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, PAREEKSHA BHAVAN, CALICUT UNIVERSITY,THENHIPALAM,MALAPPURAM DISTRICT BY ADV. SRI.P.C.SASIDHARAN, SC, CALICUT UTY. RESPONDENT(S): --------------- 1. DIVYA GOPAL, D/O.GOPALAKRISHNAN P.N., PARAMBIL HOUSE,"VISHNU VIHAR" P.O.VELLATTANJOOR, THRISSUR DISTRICT-680601. 2. SHAHEERA W.A.,D/O.MOHAMMED B.A, WALUMAUGOTHI AIRIGF,BODVATHIRI VILLAGE, MINICOY ISLAND,U.T.OF LAKSHADWEEP-682559 3. FAIZA MANIKA M., D/O.K.A.MOHAMMED MANIKFAN, J.S.O.DP.OF SCIENCE AND TECHNOLOGY, KAVARATHI ISLAND, U.T.OF LAKSHADWEEP-682555 4. SAFEEJ A. S/O.ALI A. ATHILAN HOUSE,THENGUMUNDA, PADINHARATHA P.O., WAYANAD-WAYANAD 673575. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 6. THE PRINCIPAL, THE GOVERNMENT MEDICAL COLLEGE, MULAMKUNNATHU KAVU, VELLAPPAYA POST. THRISSUR-680596 BY GOVT. PLEADER SMT.K.MEERA.(R5 & R6) BY ADV. SRI.K.M.FIROZ (R1 TO R4) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J. ------------------------------- W.A.No. 1134 of 2010 ------------------------------- Dated this the 12th day of July, 2010 J U D G M E N T J.Chelameswar, CJ. Aggrieved by the judgment, dated 10.6.2010, in W.P. (C) No.17635/2010, the respondents therein preferred the present appeal. 2. Petitioners, who are the students of 6th respondent College herein, which is affiliated to first appellant University have filed the above mentioned writ petition. The appeared for the first year MBBS examination and failed. They re-appeared in the supplementary examination and the result of which was published in the month of May, 2010. Once again the petitioners failed. They applied for revaluation and scrutiny of their answer papers. Thereafter, they have approached this Court by way of above mentioned writ petition seeking two reliefs. One of the reliefs sought was for expeditious revaluation and scrutiny of papers, and secondly that, pending the WA.No.1134/2010 2 revaluation process, they may be permitted to attend the second year MBBS classes. By the judgment under appeal, the learned Judge directed that the University shall complete the revaluation process and declare the results thereof, expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of that judgment. He also directed that till the revaluation is completed, the petitioners should be permitted to attend the 2nd year MBBS Classes. Hence, the present appeal. 3. Having regard to the nature of the dispute, we thought it appropriate to dispose of the appeal itself. 4. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondents. 5. The Apex Court has repeatedly observed that in the matters of admissions of students to various courses, directions such as one given in the instant writ petition, permitting the students to pursue their course of study in the WA.No.1134/2010 3 next higher class, even before passing the examination of the previous class, are not called for, contrary to the stipulations prescribed by the Educational institutions. In the instant case, admittedly, writ petitioners-respondents failed twice in the first year MBBS examination. No doubt, the rules of the appellant University provide for revaluation, on an application being made by the failed student. But, such a concession granted by the University should not be stretched further by directing the University to permit the students, (who seek revaluation of their answer papers) also to attend to the next higher class provisionally, on the possibility of the students succeeding in the revaluation. In such circumstances, we are of the opinion that the judgment under appeal cannot be sustained, in so far as it directs the appellants herein to permit the respondents- writ petitioners to pursue their studies in the 2nd year MBBS, pending revaluation of their answer papers of the first year MBBS examination, and is required to be set aside. Accordingly, we WA.No.1134/2010 4 do so. However, judgment under appeal, in so far as it directs the appellants to complete the revaluation remains unaltered. The writ appeal is disposed of with the above modification. J.CHELAMESWAR, Chief Justice P.N.RAVINDRAN, Judge. nj.