Kerala High Court
Yesudas Jacob @ Yesudas.C.J vs University Of Calicut on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 14685 OF 2021
PETITIONER/S:
YESUDAS JACOB @ YESUDAS.C.J
AGED 44 YEARS
S/O C.T. JACOB, RESIDING AT CHACKKOM PARAMBIL HOUSE,
VADACKEL P.O., ALAPPUZHA -688 003
BY ADV MEREENA.J.JOSEPH
RESPONDENT/S:
1 UNIVERSITY OF CALICUT
REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY P.O.,
CALICUT-673 635
2 THE VICE CHANCELLOR,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT-
673 635
3 THE CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., CALICUT-
673 635
4 UNIVERSITY OF CALICUT
CENTRE FOR PARAMEDICAL SCIENCE CALICUT, CALICUT
UNIVERSITY P.O., CALICUT-673 635, REPRESENTED BY ITS
AUTHORIZED OFFICER
5 PRINCIPAL SECRETARY TO GOVERNOR,
KERALA RAJ BHAVAN, TRIVANDRUM-695 099
OTHER PRESENT:
GP SRI JIMMY GEORGE, SRI P C SASIDHARAN SC CALICUT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14685 OF 2021
JUDGMENT
The petitioner in the academic year 1996-2000 had undertaken the
course of Bachelor of Physiotherapy at the Centre for Paramedical Science
Calicut affiliated to the 1st respondent University. The aforementioned
course was successfully completed during the said period. However, the
petitioner secured pass in all papers except paper VIII, Instrumentation in
Physiotherapy and paper XVI - Physiotherapy - V (Final year). After the
1st year batch of 2000, the course was discontinued by the University.
2. University in the meeting held on 18.7.2019 as evidenced from
Ext.P2, decided to conduct a 'one time' regular supplementary
examination for all courses since 1995. Taking the advantage of the same,
the petitioner submitted a representation Ext.P3 to the Chancellor which
was forwarded to the 2nd respondent, Vice Chancellor for consideration
but no action had been taken. Petitioner had also filed a representation,
Ext.P4 before the Controller of Examinations to consider his request to add
his earlier internal passed marks to his passed external marks and declare
him as passed.
3. Learned counsel for the University submitted that the
University would not be averse in taking a call on the representation, in
terms of order Ext.P2 or any other order in force.
I have heard the learned counsel for the parties and appraised the
WP(C) NO. 14685 OF 2021
paper book. Without expressing any opinion on the merits of the matter, I
dispose of the writ petition by issuing directions to the respondent
University to take a call on the representations Ext.P3 and P4 in terms of
the decision of the University dated 30.9.2019, Ext.P2. Let the decision
be taken within a period of one month from the date of receipt of a
certified copy of the judgment, either through virtual or physical mode in
accordance with law, after affording an opportunity of hearing.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 14685 OF 2021
APPENDIX OF WP(C) 14685/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF JULY/AUGUST 1997 REG
NO.5152 DATED 19.09.2019
Exhibit P1(A) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF APRIL/MAY 1998 REG
NO.5153 DATED 19.09.2019
Exhibit P1(B) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF JUNE 1999 REG NO.12011
DATED 19.09.2019
Exhibit P1(C) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF JUNE 1999 REG NO. 5153
DATED 19.09.2019
Exhibit P1(D) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF FEBRUARY 2000 REG
NO.2147 DATED 19.09.2019
Exhibit P1(E) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF FEBRUARY 2000 REG
NO.2138 DATED 19.09.2019
Exhibit P1(F) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF JUNE 2000 REG NO.5153
DATED 19.09.2019
WP(C) NO. 14685 OF 2021
Exhibit P1(G) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF JANUARY 2001 REG
NO.3144 DATED 19.09.2019
Exhibit P1(H) A TRUE COPY OF THE MARK LIST OF THE
PETITIONER OF THE 1ST YEAR
B.P.T.EXAMINATION OF JANUARY 2001 REG
NO.3130 DATED 19.09.2019
Exhibit P2 A TRUE COPY OF THE ORDER OF THE UNIVERSITY
OF CALICUT DATED 30.09 2019
Exhibit P3 A TRUE COPY OF THE LETTER ISSUED FROM THE
OFFICE OF THE 5TH RESPONDENT TO THE 2ND
RESPONDENT DATED 18.08.2020
Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE EXAMINATION
COVENER OF CALICUT UNIVERSITY DATED
7.11.2020
