IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12787 of 2009(P)
1. SANTHOSH KUMAR, S/O.RAMDEO SINGH,
... Petitioner
Vs
1. COCHIN UNIVERSITY OF SCIENCE AND
... Respondent
2. THE CONTROLLER OF EXAMINATIONS,
3. THE PRINCIPAL, SCHOOL OF ENGINEERING,
For Petitioner :SRI.P.A.ABDUL JABBAR
For Respondent :SRI.SURIN GEORGE IPE
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/09/2009
O R D E R
ANTONY DOMINIC,J.
---------------------
W.P.(C).No.12787 OF 2009
------------------------
Dated this the 18th day of September, 2009.
JUDGMENT
Petitioner was admitted for B.Tech course at the first
respondent University in the year 2002-03. Due to certain
ailments as disclosed in Exts.P1 and P2 medical reports,
petitioner had to discontinue the studies while undergoing the
6th semester course. Subsequently he was readmitted as per
Ext.P3 along with 2003-04 batch. He continued the studies and
completed the entire 8 semester and passed the examination
held in September, 2008. He secured 70% marks as is seen in
Ext.P4 marks lit. However, when Ext.P5 degree certificate was
issued, he was given only 2nd class and it was there upon that
he approached this court.
2. According to the University a candidate should have
qualified for degree by passing all subjects within the duration of
six years. It is stated that by the time petitioner passed the
examination he had exceeded the 6 year period. Therefore he
WP(c).No.12787/09 2
cannot be awarded Ist class and can be awarded only 2nd class.
3. Although, going by the regulations, the University cannot
be faulted, the facts remains that it was for reasons which are totally
beyond the control of the petitioner that, despite the fact that all
students securing 60% and above are entitled to first class, even
after securing 70% he had to be contented with a 2nd class. This
certainly needs a sympathetic consideration at the hands of the
Academic council of the University.
Therefore, I dispose of this writ petition, with liberty to file
appropriate application, producing Exts.P1 and P2 medical reports
and requesting for reconsideration of the matter. It is directed that
if a representation in this behalf is received, the Academic Council
shall consider the same with sympathy that it deserves, and with
due expedition.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.12787/09 3