IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 18976 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------ 1. AMBILI GOLDAMARIE, AGED 24, D/O.CHACKO JOSEPH, AMBLIKOTT, DHONI (P.O), PALAKKAD PIN - 678 009. 2. ASWATHY K.U., AGED 22, D/O.K.GOPALAN, KARIYAKANDATHIL, KANHIRAPOIL, KASARAGOD - 671 531. 3. LIJO GEORGE, AGED 24, S/O.M.O.GEORGE, MALIAKKAL HOUSE, ANNALLOOR P.O., THRISSUR - 680 731. 4. SAREESH T.A., AGED 23, S/O.RAJAN, SAYOOJYAM, 30/210 KOVOOR, CHEVAYOOR P.O., CALICUT - 673 017. 5. NAJMA R.A., AGED 23, D/O.ABOOBACKER, 15/36 R.C.CHURCH ROAD, SULTHANPETTA, PALAKKAD - 678 001. 6. SIKHA RADHAKRISHNAN, AGED 23, D/O.RADHAKRISHNAN, 6C S.I.PLEASANT HILL, MISSION QUARTERS, THRISSUR. BY ADVS. SRI.K.I.ABDUL RASHEED, SRI.K.A.SHAMSUDEEN, SRI.MEETHIAN KUNJU.V.K., SMT. BHAMA G.NAIR. Kss ..2/- ..2.... WPC.NO.18976/2011 V RESPONDENT(S): --------------------------- 1. UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, CALICUT UNIVERSITY P.O., KOZHIKODE - 673 635. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, THENJIPALAM, CALICUT UNIVERSITY P.O., KOZHIKODE - 673 635. 3. THE EXAMINATION PASS BOARD - 2010, CALICUT UNIVERSITY REP. BY ITS CHAIRMAN, CALICUT UNIVERSITY P.O., THENJIPALAM, KOZHIKODE - 673 635. 4. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O., TRIVANDRUM - 695 011. R1 & R2 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUTY UNIVERSITY R4 BY GOVERNMENT PLEADER SRI. SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18976/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE IDENTITY CARD ISSUED BY THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE TO THE 1ST PETITIONER. P2: COPY OF THE IDENTITY CARD ISSUED BY THE PRINCIPAL, MES MEDICAL COLLEGE, PERINTHALMANNA TO THE 2ND PETITIONER. P3: COPY OF THE IDENTITY CARD ISSUED BY THE PRINCIPAL, AMALA INSTITUTE OF MEDICAL SCIENCE TO THE 3RD PETITIONER. P4: COPY OF THE IDENTITY CARD ISSUED BY THE PRINCIPAL, MEDICAL COLLEGE, KOZHIKODE TO THE 4TH PETITIONER. P5: COPY OF THE MBBS CURRICULUM AND CALENDAR 2004-10 ISSUED BY THE 4TH RESPONDENT. P6: COPY OF THE MARK LIST OF THE 1ST PETITIONER FOR THE MBBS III PROFESSIONAL PART II EXAMINATION OF FEBRUARY, 2011. P7: COPY OF THE MARK LIST OF THE 2ND PETITIONER FOR THE MBBS III PROFESSIONAL PART II EXAMINATION OF FEBRUARY, 2011. P8: COPY OF THE MARK LIST OF THE 3RD PETITIONER FOR THE MBBS III PROFESSIONAL PART II EXAMINATION OF FEBRUARY, 2011. P9: COPY OF THE MARK LIST OF THE 4TH PETITIONER FOR THE MBBS III PROFESSIONAL PART II EXAMINATION OF FEBRUARY, 2011. P10: COPY OF THE MARK LIST OF THE 5TH PETITIONER FOR THE MBBS III PROFESSIONAL PART II EXAMINATION OF FEBRUARY, 2011. P11: COPY OF THE MARK LIST OF THE 6TH PETITIONER FOR THE MBBS III PROFESSIONAL PART II EXAMINATION OF FEBRUARY, 2011. P12: COPY OF THE REPRESENTATION DTD. 27/05/2011 SUBMITTED TO THE VICE CHANCELLOR. P13: COPY OF THE JUDGMENT DTD. 17/02/2011 IN WPC.NO.37955 OF 2010. P14: COPY OF THE JUDGMENT DTD 28/03/2011 IN W.A.NO.409/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18976 OF 2011 ----------------------------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T Petitioners are M.B.B.S. students who appeared for the final year MBBS III Professional Part-II Examination conducted by the first respondent, University in February, 2011. In this writ petition what they are seeking is a direction to the University to award them grace marks which claim is raised based on Ext.P5, the proceedings of Curriculum Committee. 2. Having heard the contentions of the learned counsel for the parties and in the light of the principles laid down in the judgments, copies of which are produced as Exts.P13 and P14, I am satisfied that the petitioners are entitled to succeed. In that view of the matter this writ petition is disposed of directing that the University shall consider the claim of the petitioners for awarding them grace marks for theory and practicals for the III W.P.(C) No. 18976 OF 2011 :2 : Professional Part-II Examination, in the light of the judgments referred to above and also the judgment of this court in COC 847/2011 . This shall be done at any rate within 3 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE ul/-