Dismissed

Neethumol George v. the University of Kerala

Kerala HC22 Feb 2019WP(C)/5888/2014

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the re-evaluation of a student's final BHMS practical exam marks. Since the university had already conducted revaluation and declared the petitioner passed, the original relief was rendered infructuous.

What did the court decide?

The writ petition was disposed of with no further considerations as the petitioner passed the practical test following revaluation conducted by the University.

Neethumol George Vs the University of Kerala — 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 V.G.ARUN

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FRIDAY, THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940

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WP(C).No. 5888 of 2014

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PETITIONER/S:

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NEETHUMOL GEORGE, D/O GEORGE, AGED 24 YEARS, KANHIRAKKATTU HOUSE, KADUMENI.P.O.,CHERUPUZHA VIA, KASARAGOD DISTRICT, PIN - 670 511.

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BY ADVS. SRI.T.K.VIPINDAS SRI.K.M.MUHAMMED HUSSAIN SRI.K.V.SREE VINAYAKAN

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RESPONDENT/S:

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1 THE UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM, PIN - 695 033, REP. BY THE REGISTRAR.

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2 THE VICE CHANCELLOR UNIVERSITY OF KERALA DO.

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3 THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA, .DO.

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4 THE PRINCIPAL GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE IRANIMUTTOM, MANACAUD.P.O., THIRUVANANTHAPURAM -695 009.

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5 THE HEAD OF DEPARTMENT CASE TAKING & REPERTORY DO.

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6 DR. RAJITHA K.NAIR CHAIRMAN, FINAL BHMS DEGREE EXAMINATIONS JULY 2013 AND LECTURER, DO. DO.

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7 DR. SISIR, EXTERNAL EXAMINER, FINAL BHMS DEGREE EXAMINATIONS JULY 2013, TO BE SERVED THROUGH THE 3RD RESPONDENT - CONTROLLER OF EXAMINATIONS.

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R1 - R3, SRI.GEORGE POONTHOTTAM, SC, KERALA UTY.

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WP(C).No. 5888 of 2014

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R1 - R3, SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA SRI.THOMAS ABRAHAM SC UNIVERSITY OF KERALA R6 & R7- SMT.M.R.JAYALATHA SMT. POOJA SURENDRAN - GOVERNMENT PLEADER SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5888 of 2014

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JUDGMENT

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This writ petition is filed by the petitioner seeking to set aside the Ext P4 mark sheet for the paper, 'Case Taking & Repertory' (written including internal assessment and practical including viva voce and internal assessment) in the final BHMS (2003 Scheme Examination) conducted in July 2013 by the Kerala University, and to direct respondents 1 to 3 to appoint

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two examiners or a Board of examiners from another Homeopathic Medical College of Kerala University for proper revaluation of Ext P12 practical answer book of the petitioner. On 24.02.2014, the Standing Counsel for the University had submitted that the petitioner's practical papers are being re-evaluated treating it as a special case and that the results are not declared for the reason that this writ petition is pending. Thereupon, this court issued a direction making it clear that the pendency of this writ petition will not stand in the way of the University from publishing the results of the revaluation.

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WP(C).No. 5888 of 2014

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Today, when the matter is taken up, the

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learned counsel for the University submits that after revaluation, the petitioner got 30 marks out of 50 marks for the practical examination, which is sufficient for pass in the practical examinations. It is also submitted that fresh mark list had been

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prepared and sent to the college and memo forwarded to

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the petitioner intimating the change in her marks.

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In the light of the subsequent developments, as

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mentioned above, the relief sought in the writ petition has become infructuous. Since the University conducted revaluation and the petitioner passed in the practical test based on the marks obtained in the revaluation, it is for the petitioner to collect her mark list from the college, if she has not already collected the same. Therefore, nothing survives for consideration in the writ petition.

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The writ petition is disposed of, recording the submission of the learned Standing Counsel for the University that the petitioner had passed in the

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WP(C).No. 5888 of 2014

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practical examination, consequent to the revaluation conducted by the University.

Sd/-

V.G.ARUN

SPR

JUDGE

WP(C).No. 5888 of 2014

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF SSLC EXAMINATION OF THE PETITIONER IN MARCH 2004 (REG.NO.278507)

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EXHIBIT P2 TRUE COPY OF CERTIFICATE (REG.NO.2359953) ISSUED TO THE PETITIONER BY THE BOARD OF HIGHER SECONDARY EDUCATION (CLASS XII) IN THE EXAMINATION HELD IN MARCH,2006

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EXHIBIT P3 TRUE COPY OF MARK SHEET OF THE PETITIONER (ROLL NO.139283) DATED 26/6/2008 IN THE ENTRANCE EXAMINATION 2008 ISSUED BY THE COMMISSIONER OF ENTRANCE EXAMINATIONS

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EXHIBIT P4 TRUE COPIES OF MEMORANDA OF MARKS FOR THE (COLLECTIVELY) I,II,III AND IV YEAR UNIVERSITY EXAMINATIONS (REG.NO.677 DATED 30/6/2010, REG.NO.6217 DATED 26/8/2011, REG.NO.19117 DATED 15/10/2012 AND REG.NO.20517 DATED 28/10/2013) EXHIBIT P5 TRUE COPY OF DETAILED MEMORANDUM OF MARKS (REG.NO.20517) DATED 22/11/2013 ISSUED TO THE PETITIONER

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EXHIBIT P6 TRUE EXTRACT OF PAGES 1 & 2 OF THE CLINICAL RECORD OF THE PETITIONER DULY APPROVED BY RESPONDENTS 6 & 7

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EXHIBIT P7 TRUE COPY OF MEDICAL CERTIFICATE NO. NM/D/360475 DATED 18/4/2013 ISSUED TO THE PETITIONER BY SCIMCT

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EXHIBIT P8 TRUE COPY OF MEDICAL CERTIFICATE DATED 13/5/2013, ISSUED TO THE PETITIONER, BY THE SUPERINTENDENT, GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM

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EXHIBIT P9 TRUE COPY OF LETTER NO.D1-10076/20-B/DMO DATED 15/5/2013 ISSUED TO THE PETITIONER, D.M.O, THIRUVANANTHAPURAM

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WP(C).No. 5888 of 2014

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EXHIBIT P10	TRUE COPY OF CERTIFICATE NO.10076/2013 DATED 22/5/2013 ISSUED TO THE PETITIONER BY -DO-
EXHIBIT P11	TRUE COPY OF ORDER NO.EA.1/672/2013 DATED 15/6/2013 ISSUED BY THE IST RESPONDENT
EXHIBIT P12	TRUE COPY OF PRACTICAL ANSWER BOOK OF THE PETITIONER ISSUED ON 25/11/2013 UNDER THE RTI ACT
EXHIBIT P13	TRUE COPY OF REPRESENTATION DATED 29/11/2013 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
EXHIBIT P14 (COLLECTIVELY)	TRUE EXTRACTS OF THE ATTENDANCE REGISTER ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE COLLEGE WITH OTHER DETAILS (FOUR PAGES)
EXHIBIT P15	TRUE COPY OF REPRESENTATION DATED 4/1/2014 SUBMITTED BY THE PETITIONER TO THE CHIEF MINISTER ON 7/1/2014
EXHIBIT P16 (COLLECTIVELY)	TRUE COPIES OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE RTI ACT, ON 09/1/2014, TO THE PUBLIC INFORMATION OFFICER FOR SIGNED TRUE COPIES OF EXHIBIT P14 WITH COPIES OF THE PRACTICAL ANSWER BOOKS, ETC., ISSUED TO THE PETITIONER, WITH SEAL AND SIGNATURE ON 5/2/2014
EXHIBIT P17	TRUE COPY OF CURRICULUM AND SYLLABUS AND SCHEME OF EXAMINATIONS OF HOMEOPATHIC DEGREE COURSE OF THE KERALA UNIVERSITY EFFECTIVE FROM 2003-04 BATCH
EXHIBIT P18	TRUE COPY OF LETTER NO.PRO/PIO/RTI/1688/2013 DATED 5.12.2013 ISSUED BY THE UNIVERSITY TO THE PETITIONER
EXHIBIT P19	TRUE COPY OF LETTER NO. PRO/PIO/RTI/1069/2014 DATED 26.2.2014 ISSUED BY -DO-
EXHIBIT P20	TRUE COPY OF APPEAL FILED BY THE PETITIONER OM 14.03.2014, BEFORE THE APPELLATE AUTHORITY UNDER THE RTI ACT (THE REGISTRAR OF THE UNIVERSITY).

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WP(C).No. 5888 of 2014

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EXHIBIT P21	TRUE COPY OF ORDER NO.14258/AP-RTI/2104 DATED 8.4.2014 ISSUED BY THE APPELLATE AUTHORITY DISPOSING OF THE APPEAL FILED BY THE PETITIONER UNDER THE RTI ACT.
EXHIBIT P22	TRUE EXTRACT OF THE MINUTES OF THE MEETING OF THE STANDING COMMITTEE OF THE SYNDICATE ON EXAMINATIONS, HELD ON 22.02.2014 (ENCLOSED WITH EXT.P21)
EXHIBIT P23	TRUE COPY OF LETTER DATED 14.03.2014 SUBMITTED TO THE UNIVERSITY BY THE PETITIONER PRODUCING THE HANDOVER COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT.
EXHIBIT P24	TRUE COPY OF LETTER NO. 13119/RTI-2/2014/PR DATED 15.5.2014 ISSUED TO THE PETITIONER BY THE UNIVERSITY.
EXHIBIT P25 (COLLECTIVELY)	TRUE COPIES OF LETTER NO. 13119/RTI- 2/2014/PR DATED 17.5.2014, ISSUED TO THE PETITIONER ALONG WITH THE MARKSHEET OF INTERNAL ASSESSMENT AND VIVA & PRACTICAL.
EXHIBIT P26 (COLLECTIVELY)	TRUE COPIES OF LETTER NO. 1495/RTI- 05/14/GHMCT DATED 13.05.2014 AND LETTER NO. 1495/RTI-05/13/GHMCT DATED 6.6.2014 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER, UNDER RTI ACT, ENCLOSING COPIES OF THE TIME TABLES.
EXHIBIT P27 (COLLECTIVELY)	TRUE COPY OF LETTER NO. 13095/RTI/2014 DATED 26.04.2014 (WITH THAT OF THE ENVELOPE) ISSUED BY THE UNIVERSITY TO THE PETITIONER
EXHIBIT P28	TRUE COPY OF REPLY DATED 10.05.2014 SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER OF THE UNIVERSITY
EXHIBIT P29	TRUE COPY OF MEMO NO. EE.III/20 DATED 20.05.2014, ISSUED BY THE UNIVERSITY TO THE PETITIONER
EXHIBIT P30	TRUE COPY OF LETTER DATED 31.5.2014, SUBMITTED BY THE PETITIONER TO THE UNIVERSITY

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R6(a)

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A TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE CONTROLLER OF EXAMINATIONS ON 5-6-2014.

Neethumol George v. the University of Kerala

Case brief

What is this about?

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Neethumol George v. the University of Kerala

Case brief

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