IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 W.A.No.1221 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).26991/2006-L, DATED 14/11/2007 .................... APPELLANTS/RESPONDENTS 1 AND 2:- ----------------------------------------------------------- 1. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MANGATTUPARAMBA, KANNUR UNIVERSITY CAMPUS, KANNUR. 2. CONTROLER OF EXAMINATIONS, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR UNIVERSITY CAMPUS, KANNUR. BY STANDING COUNSEL SRI.M.SASINDRAN. RESPONDENTS/PETITIONER AND 3RD RESPONDENT:- --------------------------------------------------------------------------------- 1. SRUTHI.P., W/O.M.SATHYAN, ANCHAMPEEDIKA POST, KANNUR DISTRICT. 2. THE PRINCIPAL, TALIPARAMBA ARTS AND SCIENCE COLLEGE, KANHIRANGAD, TALIPARAMBA, KANNUR DISTRICT. R1 BY ADV. SRI.KALEESWARAM RAJ. R2 BY ADV.SRI.V.A.MUHAMMED. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.1221 of 2008 -------------------------------------------- Dated, this the 10th December, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the orders passed by the learned Single Judge in W.P.(C).No.26991 of 2005, dated 14.11.2007. (2) The 1st respondent-petitioner had appeared for her Final Year BBM Course. In the writ petition filed, the petitioner calls in question Exhibit P4 communication of the appellant-University, wherein the request of the petitioner to rectify the mistake while entering the marks for Internal Assessment, for the paper “Business Law” in the Final Year BBM Course, was rejected by the University. In the petition, it is stated, that, even though the petitioner was awarded “18” marks for Internal Assessment for the paper “Business Law” in the Final Year BBM Course, while transmitting the same to the University, it was recorded as “8” and, thus, in Exhibit P1 mark list, the marks shown was less than what was awarded to the petitioner. (3) The learned Single Judge has noticed, that, pursuant to the interim orders dated 14.8.2007, the authorities of the University, after conducting an inspection, had submitted a report to the University, wherein also it was found, that, the marks awarded was “18” and it was only on account of a mistake on transmission of the same, it was entered as “8” in the mark list. W.A.No.1221 of 2008 2 - Keeping that aspect of the matter in view, the learned Single Judge has allowed the writ petition and has, further, issued certain directions to the University. (4) Aggrieved by the orders so passed by the learned Single Judge, the University is before us in this Writ Appeal. (5) After hearing the learned counsels appearing for the parties to the lis, in our opinion, it may not be necessary for this Court to interfere with the discretionary order passed by the learned Single Judge. Suffice it to observe, that, since the petitioner has failed in the examination, the marks awarded to the petitioner for Internal Assessment for the paper “Business Law” in the Final Year BBM Course, will not alter the situation in any manner whatsoever. In that view of the matter, we decline to entertain this Writ Appeal. We hasten to add, that, the orders and directions issued by the learned Single Judge shall not be treated as a precedent in any other case. (6) In view of the orders passed in the Writ Appeal, all pending interlocutory applications are closed. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/dk Judge