IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21549 of 2010(P)
1. ALEX.L.ABRAHAM,
... Petitioner
2. HEMANTH.S., KOCHUKARAKKATTU HOUSE,
3. KOSHY M.SAM, MAMKOYIKKAL HOUSE,
4. JAISON GEORGE VARGHESE,
5. MARTIN AUGUSTINE, S/O.C.V.AUGUSTINE
6. DANNY JOSEPH VARKEY,
Vs
1. SAINTGITS COLLEGE OF ENGINEERING
... Respondent
2. THE PRINCIPAL, SAINTGITS COLLEGE
3. M.G.UNIVERSITY, SURYA KALADY HILLS,
4. THE CONTROLLER OF EXAMINATIONS
5. THE VICE CHANCELLOR,
For Petitioner :SRI.SIVAN MADATHIL
For Respondent :SRI.KURIAN GEORGE KANNANTHANAM (SR.)
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :29/07/2010
O R D E R
S. SIRI JAGAN, J.
------------------------------
W.P.(C) No.21549 OF 2010
-------------------------------
Dated this the 29th day of July, 2010
J U D G M E N T
The petitioners are the students of the first respondent
College. On disciplinary grounds they were suspended. It
appears that they had some shortage of attendance for writing
the examination. The petitioners were not permitted to write the
examination on 6.5.2010, although they had written the first
paper on 3.5.2010, on the ground that the University had not
condoned the shortage of attendance. But according to the
petitioners, they came to understand that the application for
condonation of shortage of attendance was not forwarded by the
Principal. Therefore, the petitioners submitted a representation
to the Vice Chancellor. The next semester classes started from
23.6.2010. Although the petitioners met the Principal and
submitted a representation for permitting them to attend the
next semester classes, in the light of the pendency of the
application for condonation of shortage of attendance before the
W.P.(c)No.21549/10 2
University, the Principal did not permit them to attend the
classes. It is under the above circumstances, they have filed
this writ petition seeking the following reliefs:
“(I) call for the records leading to the issuance of
Ext.P1 – P14 and
(II) issue a writ of mandamus or any other writ
order/direction directing the respondents 1 & 2 to
send back the condonation application to the
university without any further delay after taking
necessary decision for condoning the shortage of
attendance as that of other students whose
condonation applications were positively considered.
(III) Direct the respondents 1 to 3 to pass orders on
the condonation applications of the petitioners which
were returned by the University to the 1st respondent
college for clarification by taking appropriate steps
without any further delay.
(IV) Direct the respondents 2,3 & 5 to permit the
petitioners provisionally to attend the next semester
classes which have already started from 23.06.2010
onwards without any further delay pending disposal of
the Original Writ Petition”.
2. The University has taken the stand that the
application for condonation of shortage of attendance received
from the Principal was returned to the Principal, since it was
not in order. A counter affidavit has been filed by the first
respondent, wherein he has taken the stand that the
application for condonation of shortage of attendance has been
forwarded to the Controller of Examinations with all materials
required for considering the same. According to the first
respondent, all information required for the purpose are
W.P.(c)No.21549/10 3
contained in Ext.R1(i) dated 1.7.2010 forwarded to the
Controller of Examinations.
3. I have heard the parties. In so afar as the matter
involves future of some students, despite their alleged
misdoings, I think that all parties should take a lenient attitude
towards them, in so far as the shortage of attendance is very
low as seen from Ext.R1(i).
In the above circumstances, the fifth respondent is
directed to consider the request of the petitioners for
condonation of shortage of attendance on the basis of Ext.R1
(i) considering the sentiments expressed by this court as
above, as expeditiously as possible, at any rate, within a
period of two weeks from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.21549/10 4
W.P.(c)No.21549/10 5