IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 4310 of 2010(K) -------------------------------- PETITIONER(S): --------------- NITHIN P.S., 132 KP ROAD, NAGERCOVIL, KANYAKUMARI DISTRICT, TAMIL NADU. BY ADVS. MR.SANTHOSH MATHEW MR.SATHISH NINAN MR.ARUN THOMAS MR.JENNIS STEPHEN RESPONDENT(S): ------------------- 1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM-686 560, REPRESENTED BY ITS REGISTRAR. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, KOTTAYAM. 3. PUSHPAGIRI COLLEGE OF MEDICAL SCIENCES AND RESEARCH, THIRUVALLA, REPRESENTED BY ITS PRINCIPAL. ADV. MR.TONY GEORGE KANNANTHANAM FOR R3 MR. T.A. SHAJI – SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4310 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE MARK LIST OF THE PETITIONER DTD 29.10.2009. EXT.P2: COPY OF THE MEMO NO.EI II/2/2009 DTD 14.12.2009. EXT.P3: COPY OF THE REPRESENTATION TO THE VICE CHANCELLOR OF MG UNIVERSITY DTD 26-12-2009. EXT.P4: COPY OF THE REPRESENTATION TO R2 DTD 26.12.2009. TRUE COPY PA TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.4310 OF 2010 ------------------------------- Dated this the 14th day of July, 2010 J U D G M E N T The petitioner appeared for the third professional M.B.B.S Examination conducted by the first respondent University. For the subject of 'Medicine', he could secure only 79 marks whereas 85 marks were required for a pass. According to the petitioner, on scrutiny, the petitioner was found to be entitled to one more mark, which if granted he would have been entitled to five grace marks, which would in turn result in the petitioner passing the examination. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “I. To issue a Writ in the nature of Mandamus or any other Writ, direction or Order declaring that the petitioner is entitled to get 6 ¾ marks in Section B in Paper I of Subject Medicine in 3rd Professional MBBS Examination conducted by the 1st respondent University in July 2009. II. To issue a Writ in the nature of Mandamus or any other Writ, Direction or Order declaring that the petitioner is entitled to get 5 marks as Grace Marks in the Subject Medicine in 3rd Professional MBBS Examination conducted by the 1st respondent University in July 2009. III. To issue a Writ in the nature of Mandamus or any other Writ, Direction or Order declaring that the petitioner has passed in 3rd Professional MBBS Examination conducted by the 1st respondent University in July 2009”. W.P.(c)No.4310/10 2 The learned Standing Counsel for the University submits that on revaluation, the petitioner has already passed the examination. This is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.4310/10 3