Kerala High Court
Bindhu K.M vs Kerala University Of Health Sciences on 25 March, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
WP(C).No. 2141 of 2019
PETITIONER/S:
BINDHU K.M.,
AGED 36 YEARS,
D/O.K.G.MICHAEL, KOPPANDISSERIL HOUSE,
CHENGALOOR P.O., PUTHUKAD, THRISSUR - 680 312.
BY ADVS.
GEORGE HARISH REJOICE K.M.
SRI.P.J.JOSEPH PANIKKASSERY
RESPONDENT/S:
1 KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISSUR - 680 596, KERALA REPRESENTED BY THE
REGISTRAR OF K.U.H.S.C.
2 THE CONTROLLER OF EXAMINATIONS,
KERALA UNIVERSITY OF HEALTH SCIENCES,
THRISUR - 680 596, KERALA.
3 THE M.O.S.C.COLLEGE OF NURSING AT KOLENCHERY,
ERNAKULAM - 682 311, REPRESENTED BY THE PRINCIPAL.
*4. SRI.JAYAPRAKASH, JOINT REGISTRAR, NURSING SECTION,
KERALA UNIVERSITY OF HEALTH SCIENCES.
*ADDL.R4 IMPLEADED AS PER ORDER DATED 25.03.2019 IN
I.A.NO.1/2019
BY ADV. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND
ALLIED SCIENCE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.2141/2019 2
J U D G M E N T
The petitioner seeks re-valuation of her answer sheets in Medical Surgical Nursing of the 1st year M.Sc Nursing on the ground that she has got very good marks in all the papers right from the SSLC. The learned standing counsel submits that there is already double valuation and there is no provision for re-valuation for Post Graduate Students. It is settled law in the light of Maharashtra State Board of Secondary Education v. Parithosh Bhupeshkumar Sheth [(1984) 4 SCC 27], H.P.Public Service Commission v. Mukesh Thakur [(2010) 6 SCC 759] and Sruthi Rajagopal v. Mahatma Gandhi University [2014(2)KLT 945] that when the University provides for double valuation, there is no provision for re-valuation and re-valuation is not a right. In the absence W.P.C.2141/2019 3 of any provision in the statute, petitioner cannot seek any re-valuation done outside the University. I do not find any reason to issue any orders in favour of the petitioner. Writ petition fails and is dismissed.
Sd/-
P.V.ASHA (JUDGE) DG W.P.C.2141/2019 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPIES OF THE ANSWER SHEETS AND SCORE SHEET.