Faris Ibrahi vs Kerala University Rep.By … on 31 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7776 of 2009(N)


1. FARIS IBRAHI, S/O.IBRAHIM,AGED 25 YEARS,
                      ...  Petitioner

                        Vs



1. KERALA UNIVERSITY REP.BY REGISTRAR
                       ...       Respondent

2. CONTROLLER OOF EXAMINATIONS UNIVERSITY

3. STATE OF KERALA REP. BY SECRETARY,

                For Petitioner  :SRI.R.ANILKUMAR

                For Respondent  :SRI.M.RAJAGOPALAN NAIR

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :31/03/2009

 O R D E R
                   ANTONY DOMINIC,J.
                ---------------------
                 W.P.(C).No.7776 OF 2009
              ------------------------
           Dated this the 31st day of March, 2009.

                         JUDGMENT

Petitioner is a B. Tech student in the college Of

Engineering Thiruvananthpauram. In this writ petition his

complaint is regarding Ext.P5 where the University has

declined his request for moderation. According to the

petitioner on the strength of Ext.P1 and in view of Ext.P3

judgment he ought to have given moderation.

2. However, according to the Standing counsel for the

respondent University, as per the regulations framed by the

University, moderation will be given to students provided

with the moderation given, the student should pass all

papers of the semester concerned. It is stated that

relaxation from this regulation was ordered by Ext.P1, but

however the same was cancelled by Ext.P2. It is also stated

that the direction in Ext.P3 was to consider his case in the

WP(c).No.7776/09 /2/

light of the regulations framed by the University. It is stated

that even if the moderation is given the petitioner will not

pass in all subjects of the semester and it was therefore that

by Ext.P5 the request was declaimed.

The claim of the petitioner can be sustained, only in the

light of the regulations framed by the University. If the

University regulations provide that the moderation will be

given only if it will enable the student to pass the semester,

the petitioner can claim moderation only consistent with such

regulations. In this case the case of the University is that

even if moderation is given, the petitioner will not ultimately

pass the semester This stand of the University cannot be

disputed. If that be so, the order Ext.P5 declining moderation

to the petitioner is only to be upheld and the petitioner cannot

claim any relief in his writ petition.

Writ Petition fails and is dismissed.

                                   (ANTONY DOMINIC)
                                           JUDGE
vi/

WP(c).No.7776/09    /2/