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High Court of KeralaWP(C)/1655/2015dismissed

Sree Lakshmy C.K. v. Mangalam College Of Engineering

2015-01-20Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1655 of 2015 (F) --------------------------- PETITIONER :

--------------------- SREE LAKSHMY C.K., D/O.C.N.KARUNAKARAN, AGED 22 YEARS CHERAMANGALATH HOUSE PIRAVOM P.O., PIRAVOM.

BY ADV. SRI.B.N.SHIV SANKAR RESPONDENT(S) :

----------------------------

1. MANGALAM COLLEGE OF ENGINEERING MANGALAM HILLS, ETTUMANOOR, KOTTAYAM KERALA - 686631.

2. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM - 686560 REPRESENTED BY ITS REGISTRAR

3. CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, KOTTAYAM - 686 560. R2 & R3 BY ADV. SRI.VARUGHESE M.EASO, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 1655 of 2015 (F) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1PHOTOCOPY OF NOTIFICATION ISSUED BY THE M.G.UNIVESITY DATED 25.7.2014.

EXT. P2PHOTOCOPY OF NOTIFICATION ISSUED BY M.G.UNIVERSITY DATED 26.5.2014.

EXT. P3PHOTOCOPY OF THE MARK LIST, ISSUED BY THE 2ND RESPONDENT, FOR SEMESTERS 1 TO 3 & 5 & 6 OF HER B.COM COURSE DATED 17.4.2012, 22.10.2012, 2.4.2013, 24.4.2013, 19.6.2014 RESPECTIVELY. EXT. P4PHOTOCOPY OF THE SCORE REPORT OF THE PETITIONER IN MAT DATED 20.09.2014.

EXT. P5PHOTOCOPY OF CONFIDENTIAL GRADE CARD OBTAINED FROM THE M.G.UNIVERSITY DATED 15.11.2014.

EXT. P6PHOTOCOPY OF IDENTITY CARD.

EXT. P7PHOTOCOPY OF FEE RECEIPT DATED 21.6.2014 & 23.6.2014. EXT. P8 PHOTOCOPY OF 4TH SEMESTER RESULT OF THE PETITIONER PUBLISHED & THE FINAL RESULT OF THE PETITIONER IN ENGLISH PUBLISHED IN THE WEBSITE OF THE 2ND RESPONDENT AS ON 17.12.2014.

RESPONDENT(S)' ANNEXURES :

------------------------------------------------- ANNEXURE R2(a) COPY OF OFFICE CIRCULAR NO. AC.AI/3/2114/2008 DTD. 6.11.2008.

//TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.1655 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2015

J U D G M E N T

The petitioner is a student of first year MBA course affiliated to the 2nd respondent University and conducted by the 1st respondent. The petitioner is aggrieved by the denial of permission to participate in the first semester examination. Admittedly, the petitioner completed her B.Com Degree having six semesters in the year 2014. However, the petitioner had to clear one paper of the 4th semester, which she appeared for in the supplementary examination held in 2014, the results of which were published only on 15.11.2014.

2. The petitioner, even before the results were published, was admitted to the 1st respondent College. The prospectus of the University calling for

WPC.No.1655/2015 : 2 :

admission to the MBA programmes conducted in various colleges affiliated to it, specifically fixed the date for closing of admission to the MBA programme on 05.09.2014. Considering the difficulties expressed by the students, the same was extended to 30.10.2014.

3. Even within the said period, admittedly, the petitioner did not obtain the mark list and produce it before the College. Nor did the petitioner apply for a confidential communication of marks to ensure verification of her eligibility before the cut-offdate i.e, 31.10.2014. In such circumstance, the admission can only be said to be irregular. Reliance placed by the University is on Annexure R2(a) Circular, which has been issued, following the principles laid down in the judgment of the Hon'ble Supreme Court in SLP(C) No.3569/2007(Mahatma Gandhi University v. Gis Jose and others). The said

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circular, which has been issued to all the principals of affiliated colleges, specifically mandate that the admission to a candidate can be granted only after it is ensured that the applicant satisfies the eligibility criteria prescribed by the University. In such circumstance, the admission of the petitioner, can only be said to be one irregular and against the regulations at Annexure R2 (a).

In such circumstance, writ petition would stand dismissed. No costs.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge