IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 WP(C).No. 34854 of 2007(Y) -------------------------- PETITIONER: -------------- SOORYA M.C., D/O A.RADHAKRISHNAN, 'UPASANA', OPP. GOVT. HOSPITAL, PAYYANNUR, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT: --------------- KANNUR UNIVERSITY, REPRESENTED BY THE REGISTRAR, KANNUR UNIVERSITY, KANNUR UNIVERSITY CAMPUS P.O., KANNUR DIST. BY ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 34854 OF 2007 Y ===================== Dated this the 10th day of January, 2008 J U D G M E N T Petitioner has appeared for M.Sc Physics in the first semester as can be seen from Ext.P3 and in the first attempt, had passed the second paper. Ext.P4 shows that in the supplementary examination held in November, 2004, petitioner again appeared and passed out in papers 1, 3 and 4 of the IInd semester. For the reason that the University was not declaring her result as having passed, this writ petition has been filed praying to declare that as per Exts. P3 and P4, petitioner has passed the Ist semester M.Sc degree examination and to direct the respondents to declare her results. 2. A statement has been filed by the respondents relying on Ext.R1(a) regulation, the relevant portion of which is extracted below for reference. '9 Pass Requirement'; Those who secure not less than 30% marks for ESA for each paper and an aggregate of WPC 34854/07 :2 : 40% marks (both ESA and CA put together) for all the papers of the semester shall be declared to have successfully completed that semester. (Theory and practicals shall be treated as separate unit for the purpose) In the case of failed candidates having atleast 40% aggregate (for CA and ESA put together) paper-wise appearance shall be permitted and in such cases the candidate should obtain minimum 40% marks (for individual paper/papers of the ESA). 3. According to the University since the petitioner had failed on the first occasion and as she has passed only in papers 1, 3 and 4 on the second occasion, she is not entitled to have the declaration sought for. It is for the reason that in case of failed candidates, they should have secured atleast 40% aggregate marks on the first occasion to carry forward the results of the first attempt. In this case, the University states that as per Ext.P3, petitioner had secured only 74 marks out 250, which is much less than the required minimum aggregate of 40%. In view of this, the University rightly contends that the petitioner is not entitled to carry forward the result in Paper I or the declaration sought for. Writ petition therefore lacks merit and is dismissed. ANTONY DOMINIC, JUDGE. Rp