High CourtsDivision Bench(2011) 08 KL CK 0074

M. Abin Suraj and Jibin C.P. vs Dr. P.P. Mohammed, Dr. Tom Jose and Sri V. Rajagopalan

High Court Of Kerala · Decided on 4 August 2011

HON’BLE JUDGES
P.S. Gopinathan, J · C.N. Ramachandran Nair, J
CASE NUMBER
Con. Case (C) No. 847 of 2011 (S)

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Judgment

5 paragraphs · 273 words

Ramachandran Nair, J.—This Contempt of Court Case is filed alleging violation of the judgment because the two Petitioners have not been given grace marks in two subjects applied for by them.

2.

We have heard both sides and have also gone through Annexure-3 guidelines issued by the Pass Board based on our judgment.

3.

We are of the view that Annexure-3 guidelines issued is unrealistic because students getting 71% and above marks in 4 out of 5 subjects will certainly secure more than minimum marks for a pass in the 5th subject. Those getting above 71% marks in all but one subject should be treated as in the brilliant class. We therefore feel that modification is required to Annexure-3 guidelines issued by the Pass Board. However, we do not want to fix the same by ourselves.

4.

In this case considering the fact that both the Petitioners have passed in all subjects except in one subject each that the 1st Petitioner is short only by 5 marks i.e. 2 marks for theory and 3 marks for practical, in the subject Paediatrics, and 2nd Petitioner is short only by 4 marks for practical in the subject Surgery, we direct the University to award 5 marks (2 marks for theory and 3 marks for practical) in the subject Paediatrics to the 1st Petitioner and 4 marks to the practical in the subject Surgery to the 2nd Petitioner as grace marks and declare their results. The University will comply with the above direction within two weeks from the date of production of a copy of this judgment.

5.

Accordingly, this Contempt of Court Case is closed.