IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K. ABDUL REHIM MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 34205 of 2010(A) ------------------------------------ PETITIONER(S): ----------------------- JISHA P.SAINUDEEN, AGED 22, D/O. P.T.SAINUDEEN, WHITE HOUSE, MAIN ROAD, AMAYANNOOR P.O., KOTTAYAM - 686025. BY ADVS. SRI. JOHNSON MANAYANI SRI. BENHUR JOSEPH MANAYANI RESPONDENT(S): ------------------------- 1. MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMPUZHA P.O., PIN 686 001, KOTTAYAM DISTRICT REP. BY ITS REGISTRAR. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY OF DO. DO. 3. THE SYNDICATE OF MAHATMA GANDHI UNIVERSITY, REP. BY ITS CHAIRMAN VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY OF DO. DO. 4. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001 5. PRINCIPAL, RAJEEV GANDHI INSTITUTE OF TECHNOLOGY, KOTTAYAM., PIN 686 001 R1 TO R3 BY ADV. SRI . T.A. SHAJI SC R4 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C).No. 34205 of 2010(A) APPENDIX PETITIONER'S EXHIBITS :- EXT. P1: COPY OF THE PETITIONER'S S.S.L.C. CERTIFICATE EXT. P2: COPY OF THE PETITIONER'S H.S..S CERTIFICATE EXT. P3: COPY OF THE PETITIONER'S SPORTS CREDENTIALS EXT. P4: COPY OF THE LETTER RECOMMENDING TO THE 5TH RESPONDENT GRACE MARKS TO THE PETITIONER EXT. P5: COPY OF THE ORDER GRANTING GRACE MARKS TO THE PROFESSIONAL COURSE AND THE CONNECTED ORDERS EXT. P6: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE PRO VICE CHANCELLOR DT 10.08.2010 EXT. P7: COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE SECOND RESPONDENT DT. 16.02.2010 EXT. P8: COPY OF THE APPLICATION FOR REVALUATION AND SCRUTINY EXT. P9: COPY OF THE JUDGMENT IN W.P.C. 27593 OF 2010 EXT. P10: COPY OF CERTIFICATE EXT. P11: COPY OF THE ORDER DT. 07.10.2010 OF THE FIRST RESPONDENT EXT. P12: COPY OF THE LETTER OF THE UNIVERSITY DATED 23.10.2010 EXT. P13: COPY OF THE NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DT.28.10.2010 RESPONDENT'S EXHIBITS: - NIL /TRUE COPY/ P.A. TO JUDGE DCS C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C) No.34205 of 2010 ------------------------------------------- Dated this the 19th day of December, 2011 J U D G M E N T ---------------------- In this writ petition, the challenge is against Ext.P11, through which the norms pertaining to awarding of 'grace marks' was amended by the 1st respondent University. The petitioner is seeking declaration to the effect that she is entitled for awarding 'grace marks' in view of Exts.P3, P5 and P7. 2. When the matter was taken up for final hearing on today, it was brought to the notice of this court that, on the basis of an application for revaluation submitted by the petitioner she was awarded more marks, resulting in declaration of pass in B.Tech. course. It is evident that the petitioner was admitted to M.Tech. course in a college under the 1st respondent University, and she had completed the course. Since the revaluation result will relates back to the examination conducted prior to her admission and also W.P.(C).34205/10-A -2- to the result published before admitting the student to the Post Graduate Course, the admission to M.Tech course need be treated as regular. 3. Learned standing counsel for the 1st respondent University pointed out that as on the date on which she was admitted to the Post Graduate Course, she was not eligible since she had failed in one of the subjects for B.Tech. course. But as observed above, since the results declared in revaluation relates back to the examination conducted prior to such admission, the Post Graduate Course attended by the petitioner (M.Tech.) need be treated as regular. 4. The above observation is made only on the particular circumstances of this case considering the admission given and that the petitioner had completed the study for final semester. This shall not be treated as a precedent in any other cases. (Sd/-) C.K.ABDUL REHIM, JUDGE. okb True copy P.A to Judge