Ajmal Salahudeen vs Kerala University Of Health ...
2021 Latest Caselaw 15974 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                        WP(C) NO. 14176 OF 2021
PETITIONER:

            AJMAL SALAHUDEEN
            AGED 25 YEARS
            S/O A.S.SALAHUDEEN, SAGAR VILLA, RAM NAGAR,
            CHEMMANTHOOR, PUNALUR, KOLLAM-691 305, HAVING
            UNIVERSITY REGISTRATION NO 130020744.

            BY ADVS.
            JOHNSON JOSE PANJIKKARAN
            T.R.JERRY SEBASTIAN



RESPONDENTS:

    1       KERALA UNIVERSITY OF HEALTH SCIENCES
            REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE
            P.O.THRISSUR, PIN-680 596.

    2       THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES,
            THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL
            COLLEGE P.O, TRICHUR PIN-680 596, REPRESENTED BY ITS
            CHAIRMAN

            BY ADV SHRI.P.SREEKUMAR, SC, KERALA UNIVERSITY OF
            HEALTH SCIENCES




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14176 OF 2021

                                     2


                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

"a) issue a writ of mandamus or any other appropriate writs, directions or order in the nature of mandamus directing the 1st respondent to conduct fourth evaluation for the papers 'Oral Pathology & Oral Microbiology' and 'General Surgery' in third year BDS Degree Supplementary Examinations of the petitioner.

b) issue a writ of mandamus or any other appropriate writs, directions or order in the nature of mandamus directing the 2nd respondent to take a decision on Exhibit P5 expeditiously taking sympathetic view in favour of petitioner."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the respondent University.

3. It is submitted by the learned counsel for the petitioner that

the petitioner is a BDS student of the 2013 batch in an affiliated college

under the University. It is submitted that he had appeared for the BDS

Degree Supplementary Examinations in December 2020. It is submitted

that the petitioner had obtained 47 marks in Oral Pathology & Oral

Microbiology and 41 marks in General Surgery exam. It is submitted

that the petitioner applied for re-totalling and copy of the answer WP(C) NO. 14176 OF 2021

sheet but only Ext.P1 score sheets had been issued to him. It is

submitted that the petitioner had obtained 36 and 57 marks in the 1 st

and 2nd evaluations in Oral Pathology & Oral Microbiology and there is

a difference of 15% marks. The 3rd evaluation was, therefore,

conducted and the petitioner obtained 31% marks in the 3 rd evaluation.

The learned counsel for the petitioner submits that since there is a

difference of 15% marks in the evaluations, the petitioner is eligible

either for a 4th evaluation or for a fresh valuation of the answer sheets.

With respect to 2 of the papers, the petitioner has preferred Ext.P5

request before the Board of Adjudication for Students Grievances of

the respondent University and seeks a consideration of the same.

4. The learned Standing Counsel submits that since the petitioner

has approached the Board of Adjudication for Students Grievances, it

is for the Board to take an appropriate decision in the matter. It is

submitted that it is only in cases where the Board is convinced that

there is a need for a further valuation that such valuation can be

ordered.

Having considered the contentions advanced, I am of the opinion

that it is for the Board of Adjudication for Students Grievances of the WP(C) NO. 14176 OF 2021

respondent University to take an appropriate decision in the matter.

There will, accordingly, be a direction to the 2 nd respondent to take up

Ext.P5 request made by the petitioner and to consider the same with

notice to the petitioner. Appropriate orders shall be passed after

hearing the petitioner also by the Board, without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 14176 OF 2021

APPENDIX OF WP(C) 14176/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE THIRD YEAR BDS DEGREE SUPPLEMENTARY EXAMINATIONS RESULT BEARING REG NO 130020744 DATED 24.2.2021

Exhibit P2 TRUE COPY OF THE SCORE SHEET OF PETITIONER FOR THE SUBJECT ORAL PATHOLOGY 7 ORAL MICROBIOLOGY BEARING REG NO 130020744

Exhibit P3 TRUE COPY OF THE SCORE SHEET OF PETITIONER FOR THE SUBJECT GENERAL SURGERY BEARING REG NO 130020744

Exhibit P4 TRUE COPY OF THE RELEVANT PORTIONS OF THE EXAMINATION MANUEL OF KUHS

Exhibit P5 TRUE COPY OF THE REPRESENTATION SENT TO THE 2ND RESPONDENT DATED 2.7.2021

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY POSTAL DEPARTMENT