High CourtsDivision Bench

Vasanth. C. Kurup vs Controller of Examinations, Mahathma and Principal, Aturasramam N.S.S. Homeo

High Court Of Kerala · Decided on 21 July 2010 · Citation: (2010) 07 KL CK 0209

HON’BLE JUDGES
Jasti Chelameswar, C.J · P.N.Ravindran, J
RESULT
Dismissed
CASE NUMBER
WA. No. 1244 of 2010

AI Structured Summary

Not yet generated for this judgment

Judgment

3 paragraphs · 320 words

P.N. Ravindran, J.—The Appellant is the Petitioner in W.P. (C) No. 21650 of 2010. He is presently undergoing studies in the final year of the BHMS course. He did not pass the second year examination though he appeared for the said examination twice. He has applied for revaluation of the answer scripts of the second year examination. Though as per the Regulations governing the course of study, he was permitted to attend the third year classes, he was not permitted to appear for the third year examination as he had not passed the second year examination.

2.

The instant writ petition was filed seeking a direction to the Respondents to permit him to appear for the third year examination. The University contended that unless the Appellant passes the second year examination, he cannot appear for the third year examination. The learned single Judge declined to grant the said relief and dismissed the writ petition, but directed the University to expedite the revaluation of the Appellant''s second year answer scripts. Aggrieved thereby, the Appellant has filed the present writ appeal.

3.

We heard Sri. Shaji Thomas, learned Counsel appearing for the Appellant. The Appellant does not dispute the fact that as per the Regulations governing the course of study he can appear for the third year/fourth year examination only if he has passed all the other examinations. The Appellant has admittedly not passed the second year examination. He cannot therefore register and appear for the third year examination. It is only after he passes the second and third year examinations that he can appear for the fourth year examination. He can however continue to attend classes. What the Appellant seeks is a direction from this Court contrary to the Regulations governing the course of study. In our considered opinion, the learned single Judge was perfectly right in declining to grant such a relief. The writ appeal fails and is accordingly dismissed.