This writ petition sought revaluation of BDS supplementary examination results. The Court held that the University's decision applicable at the time of examination, which denied third valuation for the petitioner's marks, was valid, dismissing the petition on that ground.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY ,THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940
WP(C).No. 10455 of 2018
PETITIONER/S:
ELDHOSE JOHNSON
AGED 23 YEARS, S/O. JOHNSON C.A.,CHENGAMANATTU HOUSE, KEERAMPARA P.O., OONJAPARA, KOTHAMANGALAM,ERNAKULAM DISTRICT, PIN-686681,STUDENT OF BDS 2013 BATCH, MAR BASELIOUS DENTAL COLLEGE,NELLIKUZHI-THRIKKARIYOOR NADUKANI ROAD, KOTHAMANGALAM P.O.,PIN686691(UNIVERSITY REGISTRATION NO. 130021009)
BY ADVS. SRI.AKHIL K.MADHAV SRI.T.R.JERRY SEBASTIAN
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,THRISSUR, PIN-680596.
2 THE CONTROLLER OF EXAMINATIONS THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., TRICHUR, PIN-680596.
3 THE BOARD OF ADJUDICATION FOR STUDENTS GRIEVANCES, THE KERALA UNIVERSITY OF HEALTH SCIENCES, MEDICAL COLLEGE P.O., TRICHUR, PIN-680596.REPRESENTED BY ITS CHAIRMAN.
4 MAR BASELIOUS DENTAL COLLEGE NELLIKUZHI-THRIKKARIYOOR, NADUKANI ROAD, KOTHAMANGALAM P.O., PIN-686691, REPRESENTED BY ITS PRINCIPAL. BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE
SMT. NISHA BOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 10455 of 2018
JUDGMENT
The petitioner is a BDS student of 2013 batch, studying in Kannur Dental College. The petitioner seeks revaluation of examination results of the 23rd year BDS Supplementary Examinations held in July,2017. The petitioner appears to have secured 49 marks in theory paper in Oral Pathology and Oral Microbiology.
15% of total mark, University refused to accept the
request of the petitioner for third valuation. Being aggrieved by the same, the petitioner
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WP(C).No. 10455 of 2018
approached this Court in this writ petition.
As on the date of examination written by the petitioner, the decision of the University dated 24.10.2016 was in force. In such scenario, the petitioner cannot claim the benefit of earlier regulation which allows third valuation in respect of papers of the students who have secured marks between 45-49%. That be so, the writ petition is
only to be liable to be dismissed and accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Nkr/28.09.2018
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WP(C).No. 10455 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF EXAMINATION RESULTS OF THE PETITIONER FOR 3RD BDS SUPPLEMENTARY EXAMINATIONS IN JULY 2017.
EXHIBIT P2 TRUE COPY OF THE SCORE CARD IN RESPECT OF THE SUBJECT ORAL PATHOLOGY AND ORAL MICROBIOLOGY OF THE 3RD BDS SUPPELMENTARY EXAMINATIONS HELD ON JULY 2017.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. KUHS/EXAM GEN/5358/AC/2015(4) DATED 24.10.2016.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT BOARD OF ADJUDICATION.
//TRUE COPY//
P.A.TO JUDGE
1 issue framed by the court
Whether a BDS student can claim third valuation under an earlier regulation when the University decision relevant to the examination year had withdrawn that facility.
Eldhose Johnson
Kerala University of Health Sciences
Kerala University of Health Sciences
Board of Adjudication for Students Grievances, The Kerala University of Health Sciences
Mar Baselious Dental College
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
