IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17953 of 2010(T)
1. VAISAKH C.MOHAN, PAZHANGATTU HOUSE,
... Petitioner
2. NIKHIL V,THOMAS PAUL, VALIYAPARAMBIL
Vs
1. MAHATMA GANDHI UNIVERSITY, REPRESENTED
... Respondent
2. CONTROLLER OF EXAMINATIONS,
3. UNION CHRISTIOAN COLLEGE,REPRESENTED BY
For Petitioner :SRI.A.JAYASANKAR
For Respondent :SRI.SAJI VARGHESE
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/06/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 17953 of 2010
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Dated this the 15th day of June, 2010
J U D G M E N T
The petitioners are 2nd semester B.Sc students of the
3rd respondent college. They were not permitted to appear
for the 2nd semester examination for alleged shortage of
attendance. According to the petitioners, they were not
intimated in time about the shortage of attendance and
therefore they could not apply for condonation of shortage.
Later on, when they contacted the authorities they came to
understand that in fact there was no shortage of attendance
as alleged. The examinations are over. They could not
write the examination for the 2nd semester. As per the rules
of the University, only a student who passes the
2nd semester examination can write the 3rd semester
examination. Petitioners now want to write the 3rd semester
examination. Petitioners contend that in order to write the
2nd semester examination again it is necessary to get orders
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regarding condonation of shortage of attendance for which
the petitioners filed Exts.P3 & P4 before the 2nd respondent.
The petitioners seek a direction to the 2nd respondent to
consider and pass orders on Exts.P3 & P4 expeditiously and
to direct the 3rd respondent to permit the petitioners to
attend 3rd semester classes in the meanwhile.
2. The standing counsel for the University opposes
the same. He also points out that, the authority to consider
the request for condonation of shortage of attendance is the
Vice Chancellor.
3. I have considered the rival contentions in detail.
In the facts and circumstances of the case, I dispose of this
writ petition with the following directions:
The 2nd respondent shall place Exts.P3 & P4
applications of the petitioners before the Vice
Chancellor of the University for his consideration
and disposal. The Vice Chancellor shall consider
and pass orders on Exts.P3 & P4 as expeditiously
as possible, at any rate within a period of one
W.P.(C)No. 17953 of 2010
-3-month from the date of receipt of a copy of this
judgment. Pending consideration of Exts.P3 & P4
by the Vice Chancellor the petitioners shall be
permitted to attend classes for the 3rd semester.
However if ultimately they do not succeed their
attempt to get the shortage of attendance
condoned, they will not be eligible for any
concession in equity in respect of the period
during which they attended 3rd semester classes
and they will have to sit for the 2nd semester to
complete the full course and then attend the
3rd semester classes.
S. SIRI JAGAN
JUDGE
shg/