Allowed

Thushara K., v. Kerala University of Health Sciences (Kuhs)

Kerala HC5 Dec 2019WP(C)/27213/2019

Case brief

AI extract

What is this about?

This petition sought relief under Article 226 of the Constitution of India for rounding off the petitioner's marks to a higher denomination under university regulations. The single judge allowed the petition, directing the university to round off the marks and issue a revised mark list declaring the petitioner passed.

What did the court decide?

Direction to respondents to round off marks to a higher denomination at the earliest, within a month, and issue a revised mark list declaring the petitioner passed.

Thushara K., Vs Kerala University of Health Sciences… — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 05TH DAY OF DECEMBER 2019 / 14TH AGRAHAYANA, 1941

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WP(C).No.27213 OF 2019(B)

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PETITIONER/S:

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THUSHARA K., AGED 25 YEARS D/O.SANTHOSH, OM NEAR CRESENT VICTORIA, SADANAM ROAD, CIVIL STATION P.O., KOZHIKODE - 673 020.

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BY ADVS. SRI.ROSHEN.D.ALEXANDER SMT.TINA ALEX THOMAS

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RESPONDENT/S:

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1 KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), MEDICAL COLLEGE P.O., THRISSUR, KERALA - 680596, REPRESENTED BY ITS REGISTRAR.

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2 THE CHAIRMAN (PRO-VICE CHANCELLOR), BOARD OF ADJUDICATION OF STUDENTS GRIEVANCE (CONSTITUTED U/SECTION 71 OF KUHS ACT), KERALA UNIVERSITY OF HEALTH SCIENCES, THRISSUR - 680 596.

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3 THE CHAIRMAN, GOVERNING COUNCIL, KERALA UNIVERSITY OF HEALTH SCIENCES (KUHS), THRISSUR - 680 596.

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4 KMCT MEDICAL COLLEGE, MANASSERY P.O., MUKKAM, KOZHIKODE - 673 602, REPRESENTED BY ITS PRINCIPAL.

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R1 TO R3 BY SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27213 OF 2019(B)

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JUDGMENT

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This writ petition is filed by the

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petitioner seeking the following reliefs:-

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“ i. To issue a writ, order or direction in the nature of declaration declaring that petitioner has passed in the subject Physiology in the First Professional MBBS Degree Supplementary Examinations (2016 Admission), January 2019 since she secured 50 marks as per the University Regulations and Examination Manual of the 1^st respondent University.

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ii. To issue a writ, order or direction in the nature of mandamus directing the 1^st respondent University to round off 25.25 marks awarded by the second valuator in the subject Physiology- Paper-II as 26 and then make the consequential changes in the mark list of First Professional MBBS Degree Supplementary Examinations (2016 admission), January 2019.

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iii. To issue a writ, order or direction in the nature of mandamus directing the 1^st respondent University to issue revised mark list declaring that petitioner has passed in the subject Physiology in the First Professional MBBS Degree supplementary Examinations (2016 Admission), January 2019.

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iv. To issue a writ, order or direction in the nature of certiorari calling for the records leading to issuance of Ext.P7 and quash the same.”

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Basically the issue relates to rounding

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WP(C).No.27213 OF 2019(B)

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off marks for the petitioner to a lower denomination in Physiology paper. According to the petitioner, in accordance with the examination manual of the University, the marks

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can only be rounded off to a higher denomination. The issue was considered by a learned Single Judge of this Court in W.P.(C) No.529/2019 and held so.

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In that view of the matter, petitioner

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is entitled to get the benefit of the manual as well as the proposition of law laid down by this Court in the judgment in the writ petition specified above. There is no much dispute raised by the learned Standing Counsel also in respect of the claims raised by the petitioner as the law stood then.

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In that view of the matter, after hearing respective counsel across the Bar, this writ petition is allowed and there will be a

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WP(C).No.27213 OF 2019(B)

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direction to the respondents to round off the marks to the higher denomination at the

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earliest, and at any rate, within a month and

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issue the mark list accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No.27213 OF 2019(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MARK LIST PUBLISHED ON 25/03/2019 FOR THE FIRST PROFESSIONAL MBBS DEGREE SUPPLEMENTARY EXAMINATIONS (2016 ADMISSION), JANUARY 2019. EXHIBIT P2 TRUE COPY OF THE TABULATION SHEET FOR PHYSIOLOGY PAPER-I. EXHIBIT P2 A TRUE COPY OF THE ANSWER SHEET FOR PHYSIOLOGY PAPER-I. EXHIBIT P3 TRUE COPY OF THE TABULATION SHEET FOR PHYSIOLOGY PAPER-II. EXHIBIT P3 A TRUE COPY OF THE ANSWER SHEET FOR PHYSIOLOGY PAPER-II. EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE ACADEMIC REGULATIONS OF KUHS. EXHIBIT P5 TRUE COPY OF THE CHAPTER IV OF EXAMINATION MANUAL OF KUHS AS ON 25/03/2019 AS DEPICTED IN PAGE NOS.49 TO 57. EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 71 OF THE KUHS ACT TO THE BOARD OF ADJUDICATION. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS BEARING NO.10232/DEAN SA/KUHS/2019(2) DATED 22/06/2019. EXHIBIT P8 TRUE COPY OF THE ORDER NO.76/2019/EXAM GENERAL DATED 16/05/2019. EXHIBIT P9 TRUE COPY OF THE CHAPTER IV OF THE AMENDED MANUAL AS DEPICTED IN PAGE 49 TO 57. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 25/01/2019 IN W.P.(C)529/2019. EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED

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WP(C).No.27213 OF 2019(B)

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18/02/2019 IN W.P.(C) NO.4735/2019.

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RESPONDENT'S/S EXHIBITS: NIL

Thushara K., v. Kerala University of Health Sciences (Kuhs)

Case brief

What is this about?

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Thushara K., v. Kerala University of Health Sciences (Kuhs)

Case brief

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What did the court decide?

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