IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WA.No. 1408 of 2008 ---------------------------- AGAINST THE /ORDER IN RP.684/2008 AGAINST THE JUDGEMENT/ORDER IN WPC.18003/2008 .................... APPELLANT: PETITIONER IN WPC ---------------------------------------------- GEORGE GEORGE KURUVILLA, 4TH PROFESSIONAL BHMS STUDENT, DR.PADIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: RESPONDENTS IN WPC ------------------------------------------------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O KOTTAYAM REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O. KOTTAYAM. 3. THE PRINCIPAL, DR.PADIAR MEMORIAL HOMEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA, ERNAKULAM DISTRICT. R2 - BY SRI.M.A.SHAJI, SC FOR M.G.UNIVERSITY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1408 od 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of July, 2008 Judgment H.L. Dattu, C. J: This writ appeal is directed against the orders passed by the learned single Judge in R.P.No.684 of 2008 dated 2nd July 2008. 2. Initially the petitioner was before this Court, inter alia, requesting this Court to direct the respondents therein to revalue the answer scripts of supplementary examination of Organon of Medicine. 3. This Court by its order dated 17th June 2008, directed the University to revalue the aforesaid paper within six weeks from the date of receipt of a copy of the judgment. 4. Thereafter the Review Petition came to be filed by the petitioner, inter alia, requesting the Court to direct the respondents to permit the petitioner to write the 4th Professional BHMS Examination. The request made in the Review Petition is rejected by the learned single Judge solely on the ground that a person who has not completed the previous examination is not eligible and entitled for writing the 4th Professional BHMS Examination. The correctness or otherwise of the aforesaid order is called in question in this writ appeal. 5. The admitted facts are: Petitioner had written the supplementary examination of Third Professional BHMS Examination. He has failed in Organon of Medicine paper. He has applied for revaluation and the results are not yet declared. WA.1408/2008. 2 6. A person who has failed in the previous examination both under the Regulations and also as per the prospectus issued by the respondents is not eligible and entitled to write the 4th Professional BHMS Examination. Keeping that in view, the learned Judge, in our opinion has rightly declined to grant the relief sought for in the Review Petition. 7. We see no error in the orders passed by the learned single Judge. Therefore the writ appeal is rejected. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.