IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 RP.No. 952 of 2008(R) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28504/2007 Dated 27/06/2008 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- PREBIN, S/O.K.S. PRASAD, PREMIN NIVAS, PANGAL, PUDUPPARIYARAM, PALAKKAD DISTRICT. BY ADV. SRI.C.S.AJITH PRAKASH RESPONDENT(S): RESPONDENTS -------------------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT-673 635. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT - 673 635. 3. THE CONTROLER OF EXAMINATION, UNIVERSITY OF CALICUT, CALICUT-673 635. 4. THE PRINCIPAL GOVERNENT VICTORIA COLLEGE, PALAKKAD. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- R.P.No.952 of 2008 in W.P(C) No.28504 of 2007 ----------------------------------------- Dated this the 22nd day of October, 2008 O R D E R This is a petition to review the judgment dated 27-6-2008. Petitioner is the review petitioner. The writ petition was filed praying for a direction to publish the result of the second year B.A. degree examination after considering the mark scored in the first year Hindi paper. The writ petition was disposed of in the light of the interim order dated 5-2-2008 which reads as follows:- The respondents shall publish the result of the petitioner for the second year B.A. undergone by him in the 4th respondent College, within 2 weeks.” It is submitted that the main grievance still subsists, that is, the paper answered by the petitioner is not traced. According to the University the paper was not received by the University. It is further submitted that there is no provision enabling the University to award marks based on the marks secured by the petitioner in other examinations. In the peculiar facts and R.P.No.952 of 2008 -:2:- circumstances of the case it is submitted that the University is prepared to afford a fresh opportunity to the petitioner in the old syllabus to write the examination afresh. That is not acceptable to the petitioners, it is submitted on instruction. Therefore, the writ petition will have to be heard on merits. Accordingly the review petition is allowed. The judgment dated 27-6-2008 is recalled. Post the writ petition for hearing. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- R.P.No.952 of 2008 in W.P(C) No.28504 of 2007 ----------------------------------- O R D E R 22nd October, 2008