Disposed

Sudha P.S. v. Kerala Veterinary and Animal Sciences University

Kerala HC10 Dec 2019WP(C)/31975/2019

Case brief

AI extract

What is this about?

Petitioners sought a writ directing the University to revalue answer papers for Bachelor of Veterinary Sciences examinations. The Court held there is no provision for revaluation, only recounting, and disposed of the petition while reserving liberty for recounting applications. (Para 5)

What did the court decide?

Petition disposed of; liberty reserved to file application for recounting of marks to be considered within a month.

Sudha P.S. Vs Kerala Veterinary and Animal Sciences… — Education and Admissions | Kerala HC (2019)

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WP(C).No.31975 OF 2019(V)

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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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TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941

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WP(C).No.31975 OF 2019(V)

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PETITIONER/S:

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1 SUDHA P.S. AGED 43 YEARS W/O BAIJU, MUNJANATTU HOUSE, PUDUPPADY P.O THAMARASSERY, KOZHIKODE, PIN-673586.

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2 JEEVA P.VARGHESE, AGED 23 YEARS D/O VARGHESE, PULIYENMAKKAL HOUSE, MUKKUDAM P.O,

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IDUKKI -685562.

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BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON

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RESPONDENT/S:

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1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY REP BY ITS REGISTRAR, POOKODE, LAKKIDI P.O, WAYANAD DT, 673576.

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2 THE VICE CHANCELLOR, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI P.O, WAYANAD DT, 673576. 3 THE DEAN, COLLEGE OF VETERINARY AND ANIMAL SCIENCES, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI P.O, WAYANAD DT,673576.

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SRI.T.K.SAJEEV,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.31975 OF 2019(V)

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:

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“I) Issue a writ of mandamus or any other appropriate writ or order directing the 2^nd respondent to revalue the answer papers of the petitioners for the three subject sought for in Ext.P3 and P4 application.

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ii) Direct the second respondent to consider Ext.P3 and P4 application for revaluation and to take a decision within a week.

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Iii) Pass such other orders as this Hon'ble Court may deem fit in the circumstances of the case.”

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The grievance of the petitioners is that their request for revaluation of answer papers for some of the subjects of 2^nd year examination of Bachelor of Veterinary Sciences conducted during August-September 2019 has not been considered by the respondents. It is also the case of the petitioners that answer papers for the above subject has not been properly evaluated. Even though petitioners have submitted representation before the Vice Chancellor and other officials of the University, that has not been considered, which constrained the petitioners to approach this Court, by filing this writ petition.

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I have heard learned Counsel for the petitioners and

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the learned Standing Counsel for the University.

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WP(C).No.31975 OF 2019(V)

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Learned Standing Counsel for the University submitted that there is no provision under the University laws to carry out revaluation of the papers, but there is only provision for recounting of the marks. Petitioners have submitted representation before the Vice Chancellor and other officials of the University requesting for carrying out revaluation, which cannot be considered, since there is a clear prohibition under law. So also, it is pointed out that, If any application is filed for recounting of marks , it will be considered in accordance with law.

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Having regard to the facts and circumstances of the case, and realising the law on the point, this writ petition is disposed of, leaving open the liberty of the petitioner to file suitable application for recounting of the marks, and if any such application is received, it shall be considered in accordance with law, at the earliest, and at any rate, within a month from the date of receipt of the application.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No.31975 OF 2019(V)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS AND SOME OTHER STUDENTS BEFORE THE THIRD RESPONDENT. EXHIBIT P2 C0PY OF THE COMMUNICATION NO.COVAS/PKD/ACAD/553/2O19 DATED 5.11.2019 ISSUED BY THE THIRD RESPONDENT EXHIBIT P3 COPY OF THE APPLICATION FOR REVALUATION DATED 16.11.2019 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 COPY OF THE APPLICATION FOR REVALUATION DATED 16.11.2019 SUBMITTED BY THE SECOND PETITIONER BEFORE THE 2ND RESPONDENT.

Sudha P.S. v. Kerala Veterinary and Animal Sciences University

Case brief

What is this about?

What did the court decide?

Sudha P.S. v. Kerala Veterinary and Animal Sciences University

Case brief

What is this about?

What did the court decide?

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