SHIBU Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) THE petitioner passed his Pre Degree examination held in April 1982 by the Kerala University.Ext.P1 is the copy of a representation made by the petitioner to the Registrar of the 1st respondent,the University of Kerala,to permit him to reappear for Part II of the examination II year Pre Degree examination,as contemplated in R.28 of the Regulation and Scheme of Examination for the Pre Degree Course introduced from 1979 -80 admission.

(2.) IT is the admitted fact that the petitioner appeared for and passed the I year Pre Degree examination held in 1981 and that he had passed the II year Pre Degree examination held in 1982,thus securing him a pass in the Pre degree Examination.

(3.) THE stand taken by the University is that in view of the restriction contained in the proviso to Regulation.28(a)of the Regulations,the petitioner was not entitled to exercise the right for reappearing for the Pre Degree examination to improve the marks already obtained.Regulation.28(a )(i)lays down as follows: