High CourtsDivision Bench(2018) 01 KL CK 0097

ANIL RAJ.CP. vs MAHATMA GANDHI UNIVERSITY & ORS.

High Court Of Kerala · Decided on 11 January 2018

HON’BLE JUDGES
Antony Dominic, Dama Seshadri Naidu
CASE NUMBER
731 of 2016

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Judgment

10 paragraphs · 225 words
1.

The appellant was an LL.M. student under the third respondent. The writ petition was filed by him seeking several reliefs including revaluation of

his answer sheets as per Ext.P10 application. By the judgment under appeal, the learned Single Judge dismissed the writ petition mainly following

the judgment in WPC No.10140 of 2014 where similar questions raised were rejected by this Court. However, from Annexure-A1 produced by

the appellant in this appeal, we find that the aforesaid judgment of the learned Single Judge was the subject matter of Writ Appeal No.1137 of

2014 and that by judgment dated 29th of July 2015 this Court allowed the writ appeal. In other words, the judgment of the Division Bench shows

that the questions canvassed by the appellant have been decided in his favour. Evidently, the judgment under appeal which was rendered relying on

the judgment of the learned Single Judge which has now been set aside is untenable and is therefore, set aside.

2.

The writ appeal is disposed of clarifying that the appellant will also be entitled to the benefit of the judgment in W.A.No.1137 of 2014 and the

principles laid down therein. On that basis the University will complete the process of evaluation and declare the results as expeditiously as

possible, at any rate within two months of receipt of a copy of this judgment.