IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35349 of 2007(G)
1. HAREESH.G., S/O.P.GOPINATHAN NAIR,
... Petitioner
2. NABEEL.N., S/O.NAZAR.S, AGED 20 YEARS,
3. NISHAN.B., S/O.A.R.BASHEER,
4. NITHIN MANIKANTAN, S/O.G.MANIKANTAN,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. REGISTRAR, COCHIN UNIVERSITY OF SCIENCE
3. CONTROLLER OF EXAMINATIONS,
4. THE PRINCIPAL, COLLEGE OF ENGINEERING,
For Petitioner :SMT.K.GIRIJA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :04/12/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 35349 OF 2007 G
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Dated this the 4th December, 2007
J U D G M E N T
The petitioners are Vth Semester B.Tech students in the 4th
respondent College. The writ petition has been filed praying for
directing the respondents to consider the petitioners’ request for
condoning shortage of attendance and pass orders. They are also
seeking a direction to the respondents to register their names for
the vi th Semester B.Tech course without insisting for the certificate
condoning shortage of their absence.
2. It is stated in the writ petition that going by the
percentage of attendance that has been declared by the University,
as against the minimum requirement of 75%, the percentage of
attendance that they have is 60, 64, 61 and 60 respectively. It is the
specific contention of the Petitioners that if the attendance as
indicated in Exts. P1, P4, P8 and P9 is also taken into account, they
will be satisfying the minimum requirement and will reach within the
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condonable limits.
3. The request made by them to give credit to the days
indicted in Exts P1, P4, P8 and P9 is yet to be considered by the
Principal. The Standing Counsel for the 3rd respondent submits that
it is essentially for the Principal of the college concerned to consider
the request made and make his recommendations to the Controller
of Examinations in the University and that it is thereafter for the
Controller of Examinations, to finally decide the matter.
4. Taking into account the facts of the case and the
submissions made as above, I dispose of this writ petition directing
that the 4th respondent shall take up Exts. P1, P4, P8 and P9
requests made by the petitioner for taking into account the number
of days indicated therein and make his recommendations to the
Controller of Examinations of the University. This the 4th
respondent shall do within 7 days of receipt of a copy of this
judgment. Thereafter, on receipt of the recommendations from the
4th respondent, the 3rd respondent shall finally decide on the request
of the petitioners for condonation of their attendance. While doing
so, the 3rd respondent shall take into account the recommendations
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made by the 4th respondent also. This the 3rd respondent shall do
within 10 days of receipt of the recommendation of the Principal.
Writ petition is disposed of as above.
ANTONY DOMINIC
JUDGE
jan/-