IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 13209 of 2008(V) -------------------------- PETITIONER: ------------ ASWANY.S., AGED 17 YEARS, THANNIVILA VEEDU, KARINGANNOOR.P.O., OYOOR (VIA) KOLLAM DIST, MINOR REPRESENTED BY HER MOTHER, SINDHHU.S, (APPLICATION NO.11984495. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENT: ------------- THE COMMISSIONER OF ENTRANCE EXAMINATIONS. HOUSING BOARD BUILDINGS, SHANTI NAGAR, THIRUVANANTHAPURAM-01. BY GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 13209/2008 ------------------------------------------------------------------ EXT.P1 TRUE COPY OF APPLICATION FORM DT. 13-2-2008. EXT.P2 OMR DATA SHEET DT. 13-2-2008. EXT.P3 ORDER DT. 25-3-2008. EXT.P4 REPRESENTATION DT. 31-3-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 13209 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th May, 2008. J U D G M E N T Petitioner is aggrieved by the rejection of her application for admission to the professional degree courses in Kerala, 2008. Ext. P3 memo has been issued to the petitioner stating that petitioner's application has been rejected since the same was not accompanied by OMR Data sheet. The petitioner submits that there would not have been any chance for the petitioner to omit to enclose the OMR Data sheet along with the application. According to the petitioner, it could only have been because of a mistake or omission on the part of some Clerk in the office of the 1st respondent who opened the cover containing the application form. The petitioner therefore seeks the following reliefs: “i) To call for the records relating to Ext. P3 and quash the same by issuing a writ of certiorari; ii) issue a writ of mandamus or appropriate writ, order or direction to the respondent to issue hall ticket of the petitioner for appearing in the Medical Entrance Examination conducting by the Commissioner for Entrance Examination for the Professional Degree Course, 2008 which will be conducted on 22-4-2008; iii) to declare that the rejection of the application of the petitioner on the ground of No OMR Sheet along wit the application form is illegal and unjustifiable.” 2. Pursuant to an interim order, the petitioner was permitted to write the Entrance Examination and the petitioner had appeared for the same. The petitioner now seeks declaration of the result also. I am of opinion that this is a hard case. Now with no amount of certainty one can decide as to who is at fault. However, the petitioner has filed Ext. P4 representation before the respondent. Learned counsel for the petitioner submits that on account of the mental shock on receiving Ext. P3 memo, the petitioner has been hospitalised. W.P.C. No. 13209/2008. -: 2 :- In the facts and circumstances of the case, I direct the respondent to consider and pass orders on Ext. P4 as sympathetically as possible, within one week from the date of receipt of a copy of this judgment. If the respondent allows the representation, the respondent shall declare the results of petitioner's Entrance Examination without delay. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/