IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 23704 of 2007(V) -------------------------- PETITIONER: ------------ DR. NISHA.N.T. SREEVIHAR, AMMENJERY HOUSE, CHETHANA JUNCTION, MAMANGALAM, PALARIVATTOM, KOCHI-25. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ------------- 1. THE MAHATMAGANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, M.G.UNIVERISTY, KOTTAYAM. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.23704 of 2007 ================== Dated this the 29th day of May, 2008 J U D G M E N T The petitioner appeared for the final year examination of B.A.M.S. conducted in the year 1998. When the results were published the petitioner failed to get first rank by one mark. The petitioner applied for revaluation. On partial completion of the revaluation revised mark list was issued to the petitioner. According to the petitioner, the same would prove that the petitioner is entitled to get first rank. The grievance of the petitioner in this writ petition is that, although 7 years have elapsed, no rank certificate has been issued to the petitioner yet. The petitioner, therefore, seeks the following reliefs: “(i) issue a Writ of Mandamus directing the respondents to issue the First Rank Certificate to the petitioner as per the Ext.P4 marklist forthwith. (ii) direct the respondents to pay a sum of Rs.10 lakhs to the petitioner as damages for the loss and mental agony sustained due to the non-issuance of the First Rank certificate to the petitioner. (iii) direct the respondents to pay cost to the petitioner.” 2. The learned Standing Counsel appearing for the University submits that in such cases, Rules stipulate that revaluation of answer papers of other candidates who come within the range of top ranks should also be done. He would submit that revaluation could not be so conducted since the Chief w.p.c.23704/07 2 Examiner for the examination did not forward the answer paper of other candidates for revaluation. The learned Standing Counsel now submits that the process can be completed within two months. 3. I am not completely satisfied by the explanation given by the University. If the examiner had not forwarded the answer sheets, the University had a duty to take appropriate action against him/her. It was not proper on the part of the University in waiting for 7 years and in not completing the process within a reasonable time. In the above circumstances, at least now, the University should complete the process within a reasonable time. Accordingly, I direct the University to complete the process as per rules and issue rank certificate to the petitioner in accordance with the rank obtained by the petitioner in the examination, if she is found eligible, within two months from the date of receipt of a copy of this judgment. The petitioner seeks damages also. The question of damages is left open to be agitated by the petitioner in appropriate proceedings. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.23704/07 3