WESLEY PHILIP Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) One of the questions arising for decision in this case is whether the petitioner, who has no legal right to get the reliefs sought for, should be allowed them merely because a similar other person secured an undue benefit arising from the failure of the authorities to challenge certain interim orders passed by this Court.

(2.) The petitioner appeared for the Engineering Entrance Examination, March, 1994 and thereafter appeared for the Pre Degree examination in April, 1994. He noticed that there was wide disparity between the marks awarded to him in Papers I & II obtained for Mathematics for the Pre Degree examination. While he secured 56 out of 60 for the 1st paper, he could get only 17 out of 90 for the IInd paper.

(3.) For the purpose of admission to the Entrance examination for the Engineering course he needed 50% of the aggregate for the two papers viz. 75 out of 150. Petitioner had secured only 73 marks out of 150. Faced with this difficulty, the petitioner applied for revaluation. He was, however, not called for interview for the Engineering admission for the obvious reason of want of adequate marks and therefore he filed O.P. No. 10738 of 1994 before this Court. In C.M.P. No. 19139 of 1994 filed therein he got an interim direction enabling him to appear for the interview. He was interviewed and admitted to the Engineering course based thereon.