SOUMI SAMUEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner had joined A. B. Shetty Memorial Institute of Dental sciences, Mangalore (for short, 'college') for the study of Master of dental Surgery Course (MOS' for short) in Oral and Maxillofacial surgery subject for the academic year 2001-2002. The college is affiliated to 2nd respondent-University. The petitioner appeared for the mds examination held by the University in September 2004 and failed in the said examination. He has secured 190 marks out of 400 marks in theory paper and 150 out of 300 in practicals and viva voce put together. As per the relevant ordinance of the University, the minimum marks for a pass are 50% in theory and 50% in practical including clinical and viva voce. The petitioner is short by 10 marks in theory paper for a pass. He filed an application for re-totalling of his marks. The result of re-totalling was informed on 14-2-2005 with no change of marks. On 15-2-2005 he filed representation to the University (as per Annexure-A)for revaluation of his answer scripts. Since the University did not consider the said representation, he has filed this writ petition for the following reliefs: (i) for a writ of mandamus directing the University to consider his representation dated 15-2-2005; (ii) for a writ of mandamus directing the University to insert a provision for revaluation of answer scripts in the relevant ordinance.

(2.) I have heard the learned Counsels for the parties and perused the materials placed on record.

(3.) LEARNED Counsel for the petitioner submits that the University by a communication dated 10-3-2005 has informed the petitioner that his request for revaluation cannot be acceptable as there is no provision for revaluation of the answer scripts in the relevant ordinance. In view of the aforesaid submission of the learned Counsel, the first prayer in the petition does not survive for consideration.