Ashok Bhushan, Ag.C.J.
Heard learned counsel for the appellants and learned Standing Counsel appearing for the Calicut University.
2. This writ appeal has been filed against a judgment dated 08.04.2014 in W.P.(C) No.5621 of 2014 by which the writ petition filed by the appellants has been dismissed. The appellants had appeared for the 1st and 2nd semester examinations (Mathematics paper) and their results claimed to be declared on 19.10.2013 under the order of this Court. They submit that they have made an application for revaluation which was not accepted. It was further stated that the fee for revaluation was paid only on 15.11.2013.
3. The University filed a statement before the learned Single Judge stating that the answer papers are unretrievable and further the petitioners have not submitted any application within the period the Online link was available. Learned Single Judge dismissed the writ petition stating that the petitioners ought to have immediately filed the writ petition in view of the facts of the present case, whereas the writ petition was filed only in February, 2014. Learned Single Judge with the above observation dismissed the writ petition.
4. Learned counsel for the appellants submits that the application was filed within one month from the declaration of the result, hence University ought to have kept the answer papers intact.
5. Considering the fact that the writ petition was moved after more than three months from the date of publication of the result of the petitioners and their revaluation applications were not accepted by the University, we are of the view that learned Single Judge has rightly dismissed the writ petition. More over, since the stand of the University is that the answer papers are not available, we do not find that any error has been committed by learned Single Judge in not exercising his jurisdiction by dismissing the writ petition. There is no merit in the appeal. Accordingly, the Writ Appeal is dismissed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
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