IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 313 of 2008(K)
1. ROMY MARIA JACOB, AGED 26 YEARS,
... Petitioner
Vs
1. THE KERALA UNIVERSITY, REPRESENTED BY
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent :SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY.
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/03/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 313 OF 2008 K
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Dated this the 27th day of March, 2008
J U D G M E N T
Petitioner has completed the course in Bachelor of Architecture in
the TKM Engineering College, Kollam. It is stated that she appeared for
the 5th semester examination in May, 2005. There are three papers in the
5th semester and in terms of the Regulations, a candidate in order to pass
the examination should secure separate minimum of 40% and aggregate
minimum of 50%. Though the petitioner succeeded in getting separate
minimum of 40%, petitioner could not succeed in getting 50% aggregate
minimum. On the representations made by the petitioner and other
students, Ext.P2 order was passed by the respondent permitting the
students to reappear for any paper of their choice in the 5th semester. It is
stated that accordingly, the petitioner appeared for the 3rd paper namely
Structural Systems and Designs of Building and secured marks which
satisfied the 50% aggregate minimum. When she applied for the degree
certificate, there was no response and finally Ext.P3 order was passed by
the Vice Chancellor ratifying the examination taken by the petitioner and
directed that the results be declared accordingly, subject to the ratification
WPC 313/08
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by the Academic council. Records show that the matter was considered by
the Academic Council, which by Ext.R1 resolution resolved that the whole
issue be reexamined by the Board of Studies and Faculty and be brought
to the next meeting of the Academic Council. It is stated that the issue is
now pending before the Board of studies and that once it is reported back,
the Academic Council will reconsider the matter in the light of the
recommendations. It is at that stage, this writ petition is filed for
compelling the respondent to issue the degree certificate to the petitioner.
2. From the facts, it is evident that the University itself has not
taken a final decision in this matter. Even the decision of the Vice
Chancellor was only tentative and subject to approval by the Academic
Council. Academic Council is awaiting the recommendation of the Board of
studies for reconsidering the matter. Therefore, at this stage, the only
relief the petitioner can ask for is to direct the Academic Council to decide
on the matter on an expeditious basis. It is now submitted before me that
the issue will be reconsidered by the Academic council in its next meeting,
which is now scheduled to be held in May, 2008.
Therefore, directing that a final decision on the claim of the
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petitioner for issue of her degree certificate based on Ext.P3
recommendation of the Vice Chancellor shall be taken by the Academic
Council in its next meeting, this writ petition is disposed of.
ANTONY DOMINIC,JUDGE.
Rp