IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 3928 of 2010(M) ------------------------- PETITIONER(S): --------------- RAMSHAD NALAKATH, NALAKATH HOUSE, PUTHALAM, AREACODE PO, MALAPPURAM- 673 639. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3928/2010-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2010 J U D G M E N T The petitioner is a student of III year M.B.B.S, studying in Government Medical College, Thiruvananthapuram. The main relief sought for in the writ petition is to allow the writ petitioner to participate in the practical examinations for III Professional M.B.B.S Part II examinations, scheduled to commence on 09/02/2010. 2. The petitioner has already passed the first and second year examinations and has no academic arrears also. When the results of the examination of Part-I for III year M.B.B.S were declared it was found that the petitioner had failed in one subject, namely, Community Medicine, including humanities. The said result was published on 07/11/2009, as per Ext.P1. The petitioner applied for revaluation of the said paper within the time provided in the notification. Pending the revaluation of the petitioner's paper, the examination of Part II of the III Professional M.B.B.S was scheduled to commence on 05/01/2010. Since the petitioner was not informed of the fate of the revaluation, he approached the Lok Ayukta seeking for various reliefs. Ext.P2 is the copy of the complaint filed before the Lok Ayukta. The Lok Ayukta, by W.P.(C). No.3928/2010 -:2:- order dated 23/12/2009, directed the respondents herein to arrange for scrutiny and revaluation of the answer book of the petitioner and publish the results on or before 05/01/2010. The matter was posted to 06/01/2010 and the University sought an extension of time and the matter was posted on 27/01/2010. Ext.P5 is the memo dated 30/01/2010 issued by the University stating that there is a change in the mark. By this time, the written examinations for III Professional M.B.B.S (Part II) which commenced on 05/01/2010 were over, except for one paper, namely, Gynaecology. The petitioner seeks for a direction to the respondents to atleast permit him to appear for the III Professional M.B.B.S Part II practical examinations, scheduled to commence on 09/02/2010. 3. The learned Standing Counsel for the University on instructions submitted that presently, the petitioner is attending Part II Classes along with additional batch and the examination is proposed to be held in the first week of July, 2010. It is further pointed out that without appearing for the theory papers, there will not be any purpose in appearing for the practical papers alone which is scheduled to commence on 09/02/2010, when the examination for the same papers is scheduled to commence in the month of July, 2010. W.P.(C). No.3928/2010 -:3:- 4. The learned counsel for the petitioner submitted that if an examination is proposed to be held in July, 2010, that will satisfy the demands of the petitioner also. Therefore, the above submission is recorded and the petitioner will also be allowed to appear for the theory and practical papers in the examinations for III Professional M.B.B.S (Part II), conducted during July 2010. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms