Kerala High Court
Dr.Dain C.Pearl vs University Of Kerala on 29 June, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934
WP(C).No. 17465 of 2012 (G)
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PETITIONER(S):
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DR.DAIN C.PEARL, AGED 41 YEARS
ASSISTANT PROFESSOR
DEPARTMENT OF ORAL AND MAXILLOFACIAL SURGERY,
GOVERNMENT DENTAL COLLEGE, MEDICAL COLLEGE CAMPUS,
THIRUVANANTNHAPURAM-695 011.
BY ADV. SRI.V.VARGHESE
RESPONDENT(S):
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1. UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR
THIRUVANANTHAPURAM-695034.
2. THE CONTROLLER OF EXAMINATIONS,
UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 034.
BY ADV. SRI.GEORGE POONTHOTTAM,SC,KERALA UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
WP(C).No. 17465 of 2012 (G)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE QUESTION PAPER FOR SECTIONS B & C FOR THE
ENTRANCE EXAMINATION, WHICH THE PETITIONER OBTAINED UNDER
THE RIGHT TO INFORMATION ACT 2005.
EXHIBIT P2: TRUE COPY OF THE DETAILS OF MARKS OBTAINED BY THE PETITIONER
AS DOWNLOADED FROM THE UNIVERSITY WEBSITE.
EXHIBIT P3: TRUE COPY OF THE LETTER NO. PRO/PIO/RTI/454/2012 DATED 29-06-2012.
EXHIBIT P4: TRUE COPY OF THE ANSWER SCRIPT OF THE PETITIONER SUPPLIED TO
THE PETITIONER.
EXHIBIT P5: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED
"ESSENTIALS OF PREVENTIVE AND COMMUNITY DENTISTRY" BY
SOBEN PETER.
EXHIBIT P6: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED 'ORAL
AND MAXILLOFACIAL SURGERY' BY DANIEL M. LASKIN.
EXHIBIT P7: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED
'HANDBOOK OF LOCAL ANESTHESIA' BY STANLEY F.MALAMED,
EXHIBIT P8: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED 'DENTAL
PHARMACOLOGY' BY GEORGE W.PENNINGTON.
EXHIBIT P9: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED 'TEXT
BOOK OF PHARMACOLOGY' BY S.D.SETH.
EXHIBIT P10: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED 'ORAL &
MAXILLOFACIAL SURGERY' BY DANIEL M.LASKIN.
EXHIBIT P11: TRUE COPY OF THE RELEVANT EXTRACT OF THE BOOK NAMED
'ESSENTIALS OF PREVENTIVE AND COMMUNITY DENTISTRY' BY
SOBEN PETER.
EXHIBIT P12: TRUE COPY OF THE REPRESENTATION DATED 8.10.2012, FILED BY THE
APPLICANT BEFORE THE VICE CHANCELLOR OF THE UNIVERSITY.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
MJL
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.17465 OF 2012
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Dated this the 11th day of October, 2012.
J U D G M E N T
The petitioner is an Assistant Professor working in the Government Dental College, Thiruvananthapuram. The subject matter of the writ petition relates to the plea of the petitioner for conducting valuation of his answer papers of the entrance examination conducted by the Kerala University for registration of Ph.D Course by a team of experts afresh.
2. It appears that the petitioner did not get the cut off marks. The details averred in the writ petition show that the entrance examination was conducted in October 2011 to select the candidates for the Ph.D Registration for the year 2012. He appeared with register No.2499. Various aspects have been pointed out in the writ petition in justification of his prayer.
3. A counter affidavit has been filed on behalf of the respondents 1 and 2. Mainly it is pointed out that there is no reason for having a further revaluation. The petitioner has filed a W.P.(C) No.17465/2012 2 reply affidavit also. Along with I.A.No.13699/2012, the petitioner has produced Ext.P12, a representation filed before the Vice Chancellor of the University. Therein prayers have been made to conduct revaluation.
4. Learned counsel for the petitioner prayed for a direction to the Vice Chancellor to consider Ext.P12 in the light of the decision of the Apex Court in Sahiti vs. Dr.N.T.R University of Health Sciences ((2009) 1 SCC 599). It is submitted that in paragraphs 37 and 38 of the said judgment, the Apex Court has upheld the powers of the Vice Chancellor to consider the pleas of the aggrieved parties even in the absence of specific provisions.
Hence it is upto the Vice Chancellor to take a decision on Ext.P12. Appropriate decision will be taken within a period of one month from the date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp