IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 37264 of 2009(C) --------------------------------------- PETITIONER(S): ----------------------- REKHA. K, W/O.SURESH, AGED 33 YEARS, 'USHAS', AZHIYANNUR (P.O), KATAMPAZHIPURAM (VIA), PALAKKAD-678 633. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. THE UNIVERSITY OF CALICUT, REP.BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM DISTRICT. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.P.C.SASIDHARAN, SC, CALICUT UTY. R3 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37264 of 2009-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2010. JUDGMENT The petitioner was enrolled for B.A. Degree examination (Hindi) under the University of Calicut under the distance education programme. She appeared for the final year examination at the Govt. Higher Secondary School, Big Bazar, Palakkad for all papers. Ext.P1 is the copy of the mark list and Ext.P2 is the copy of the provisional certificate. 2. It is submitted that in the certificate it is noted that she did not appear for paper I Hindi-Prose, Drama and Fiction. It is the case of the petitioner that she had actually written the examination and in support of the same, Ext.P3 letter of the Chief Superintendent of the school has been produced. 3. Since no proper information has been given in the matter, she approached the University under the Right to Information Act as per Ext.P4. The replies given by the University have been produced as Exts.P5 and P6. It is revealed from the replies that the answer scripts were misplaced and could not be sent for valuation. In the meanwhile, she has been shortlisted for the post of Junior Language Teacher Hindi (full time) Category 6/2006 wpc37264 /2009 2 in the short list prepared by the Public Service Commission where she is rank No.351. She is also shortlisted for the post of Junior Language Teacher (part time) Category No.139/2006 in which she is rank No.1383. Seeking for appropriate directions in the matter to award an average mark for Part III Hindi Paper I , she has filed this writ petition. 4. In the counter affidavit filed on behalf of the University, it is pointed out that the paper was not valued as it could not be traced out. The petitioner was informed by the University that they are willing to conduct an examination for the petitioner alone with the same syllabus, but she informed by letter dated 6.11.2008 that her physical condition is not fit enough for appearing in the examination. 5. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the University. In para 8 of the counter affidavit also, the University has expressed their willingness to conduct a re- examination for the petitioner with the same syllabus which she has studied. Learned counsel for the petitioner therefore submitted that the petitioner is willing to undertake the said examination. 6. Therefore, the respondents will take appropriate steps to conduct a re-examination to the petitioner expeditiously, in view of the urgency pointed out by the petitioner. The University will intimate the date of wpc37264 /2009 3 examination to the petitioner well in advance and the same will be conducted within a period of two months from the date of production of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/