IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 35848 of 2010(E) ---------------------------------- PETITIONER(S): ------------------- 1. AFSAL ASSIS, S/O.T.K.ASSIS, RESIDING AT ANJANATTU HOUSE, ATTICKAL, PONKUNNAM P.O., PIN-686 506. 2. ANSAL NABI, S/O.M.S.ABDUL SALAM, RESIDING AT NABEESA MANZIL, THODUPUZHA P.O., THODUPUZHA, PIN-685 584. 3. DAVE STENI POTHEN, S/O.STENI POTHEN, RESIDING AT KULATHUNKAL HOUSE, KAKKAMTHODU, CHANGANASSERY, PIN-686 101. 4. JACOB JOE KANDOTH, S/O.DR.JOE JACOB.K, RESIDING AT KANDOTH HOUSE, GANDHINAGAR, KOTTAYAM, PIN-686 008. 5. NIRMAL GANESH, S/O.NEELAKANDAN, RESIDING AT HIMAGIRI, ANRA-34, NEERARMANKARA, KAIMANOM P.O., PIN-695 040. 6. RIA ANN THOMAS, D/O.THOMAS DANIEL, INDIKATTIL HOUSE, VAKAYAR P.O., KONNI, PATHANAMTHITTA, PIN-689 698. 7. SOBHA MATHEW, AGE 23 YRS., D/O.MATHEW SEBASTIAN, RESIDING AT CHANDRANKUNNEL, TWELTH MILE, PALA P.O., PIN-686 575. BY ADVS. SRI. GEORGE THOMAS MEVADA SRI.MANU GEORGE KURUVILLA WP(C).No. 35848/2010(E) RESPONDENT(S): -------------------- 1. THE M.G.UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM, PIN-686 560, REP. BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, KOTTAYAM-686 560. 3. THE MEDICAL COUNCIL OF INDIA, POCKET-14, SECTOR-8, DWARAKA PHASE-I, NEW DELHI-110 077. R1 & 2 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R3 BY ADV.SRI.ALEXANDER THOMAS, SC, MCI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 35848 of 2010(E) APPENDIX PETITIONER'S EXHIBITS: P1: REPRESENTATION OF THE PETITIONER DATED 02/11/2010. P2: REPRESENTATION OF THE PETITIONER DATED 11/11/2010. P3: REPLY UNDER THE RIGHT TO INFORMATION ACT DATED 20/11/2010. RESPONDENT'S EXHIBITS: R3(a):COPY OF GRADUATE MEDICAL REGULATION, 1997. /TRUE COPY/ P.A. TO JUDGE svs P.R.RAMACHANDRA MENON, J ........................................... WP(C).NO.35848 OF 2010 ............................................ DATED THIS THE 9th DAY OF MARCH, 2011 JUDGMENT The petitioners are before this Court with the following prayers. “i) declare that the petitioners are entitled to the grant of upto 5 marks by way of moderation for the one paper in which they failed to secure 50% marks, in terms of the directives of the 3rd respondent in Rule 13(10) of the Medical Council of India Regulations. ii)issue a writ of mandamus or such other writ, order or direction compelling the respondents 1 and 2 to grant the petitioners upto 5 makrs for the concerned paper of the final MBBS Degree examination in which they failed, and modify the results of the MBBS examination accordingly with utmost expedition. iii) issue a writ of mandamus compelling the respondents to take all necessary follow up actions on the representations of the petitioners especially Ext.P1 and P2”. 2. The learned counsel for the petitioner submits that the wpc 35848/2010 2 prayer now pressed before this Court is only to have the matter considered by the University more so in view of the law declared by the Division Bench of this Court as per the decision dated 7.4.2004 in W.A.No.665 of 2004. The learned standing counsel for the University submits that the idea and understanding of the petitioner as to the immediate requirement is quite wrong and misconceived, however stating that the matter can be caused to be considered provided the petitioner files a detailed representation in this regard, if anything is intended to be supplemented besides Ext.P1 and P2. It is also brought to the notice of this Court that there is another decision of a learned Single Bench of this Court in WP(C)No. 36818 of 2009. 3. Heard the learned standing counsel for the Medical Council of India as well. In the above circumstances, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of permitting the petitioner to supplement Exts.P1 and P2 representations, if they so desire and the first respondent University shall consider the matter and pass appropriate orders in accordance with law, of course in tune with the mandate given by the Division Bench in W.A.665 of 2004 and wpc 35848/2010 3 also as per the judgment dated 26.1.2010 in WP(c)No.36818 of 2009. This shall be done as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. P.R.RAMACHANDRA MENON, JUDGE lgk