IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 30554 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------ SAMSOM AROOJA,S/O.JACOB AROOJA, AGED 44 YEARS,VENGATTU HOUSE, VADUTHALA P.O.,ERNAKULAM,KOCHI-23. BY ADV. MR.JOHN JOSEPH(ROY) RESPONDENT(S): ---------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE REGISTRAR, PRIYADHARSINI HILLS,ATHIRAMPUZHA P.O., KOTTAYAM. 2. CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY,KOTTAYAM. R1 & R2 BY ADV. MR. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30554/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REVALUATION APPLICATION OF THE PETITIONER. P2: COPY OF THE PAY-IN-SLIP FOR REMITTANCE OF FEES DTD.12/03/2008 ACCEPTED BY THE RESPONDENT. RESPONDENT'S EXHIBIT & ANNEXURE: R1(A): COPY OF THE COMMUNICATION DTD. 6/05/2008. ANNEXURE (R): COPY OF THE COMMUNICATION DTD. 5/11/2009. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- I.A.No.6297 OF 2010 IN W.P(C).No.30554 OF 2009 ------------------------------------------- Dated this the 21th day of May, 2010 O R D E R Heard. The words “If permissible within the rules” and the coma occurring after that in the penultimate sentence in the judgment dated 11.2.2010 is deleted and the immediately subsequent word will start with the capital letter 'T'. THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.21/05. WPC.30554/09 2 THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30554 OF 2009 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT The petitioner, an LL.M. student, applied for revaluation of three answer scripts. His anxiety was to get more marks so that he could become eligible for certain other examinations. But unfortunately, two among the answer scripts of the petitioner is missing from the University though one has been traced out. Revaluation of the traced out paper does not improve the case of the petitioner on the question of marks. In the very peculiar circumstance, following an earlier deliberation in court, learned counsel for the University states that the petitioner could be given an opportunity to write the examinations in the subjects of which the answer scripts are missing and this could be done under the same scheme of study. The petitioner, through learned counsel, states that he would be prepared to take such WPC.30554/09 3 examination after three months from now. The University is, therefore, directed to notify such examination for the petitioner and examine him accordingly fixing dates for the examinations three months thereafter. If permissible within the rules, the University will permit the petitioner to choose the better among the marks that may be secured by him. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/02. The words “If permissible within the rules” and the coma occurring after that in the penultimate sentence at page 2 of the judgment dated 11.02.2010 in W.P(C).30554/2009 are deleted and the immediately subsequent word “the” starts with the capital letter “T” as per order dated 21.05.2010 in I.A.6297/2010. Sd/- Registrar (Judicial)