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High Court of KeralaWP(C)/6763/2015disposed of

Anasiya Ashraf v. Mahatma Gandhi University

2015-06-29Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 PETITIONER(S) :

------------------------- ANASIYA ASHRAF, AGED 22 YEARS, D/O.ASHRAF, CHITTETHUKUDIYIL HOUSE, ADIMALI P.O., IDUKKI DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S) :

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

1. MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM, PIN-686 560, REPRESENTED BY ITS REGISTRAR.

2. THE VICE CHANCELLOR , MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM-686 560.

3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., KOTTAYAM-686 560.

4. THE PRINCIPAL, JPM COLLEGE OF ARTS & SCIENCE, KANCHIYAR P.O., LEBBAKKADA, KATTAPPANA, IDUKKI DISTRICT-685 511. R1-R3 BY ADV. SRI.VARUGHESE M.EASO, S.C, M.G.UNIVERSITY R4 BY ADV. SRI.GEORGE MATHEW BY ADV. SRI.K.S.HARIHARAPUTHRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE GRADE CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 24.06.2014. EXHIBIT P2 : TRUE COPY OF THE PAYMENT SLIP DATED 16.08.2014. EXHIBIT P3 : TRUE COPY OF THE APPLICATION OF THE PETITIONER OBTAINED FROM THE WEBSITE OF THE 1ST RESPONDENT.

EXHIBIT P4 : TRUE COPY OF THE ALLOTMENT MEMO. EXHIBIT P5 : TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 22.09.2014.

EXHIBIT P6 : TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 25.02.2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- EXHIBIT R1(A):

TRUE COPY OF RELEVANT PORTION OF REGULATIONS. EXHIBIT R1(B):

TRUE COPY OF RELEVANT PORTIONS OF REGULATIONS. EXHIBIT R1(C):

TRUE COPY OF MARK LIST OF THE PETITIONER DATED 24.06.2014.

EXHIBIT R1(D):

TRUE COPY OF ONLINE APPLICATION NO.815435 OF THE PETITIONER DATED 03.03.2015 AT 2.03 P.M.

EXHIBIT R1(E):

TRUE COPY OF ONLINE APPLICATION NO.815435 OF THE PETITIONER DATED 03.03.2015 AT 1.21 P.M.

EXHIBIT R1(F):

TRUE COPY OF LOG ACTION.

EXHIBIT R1(G):

TRUE COPY OF PROSPECTUS FOR INSTRUCTIONS TO THE CANDIDATE.

EXHIBIT R1(H):

TRUE COPY OF RELEVANT PORTIONS OF THE REGULATIONS. EXHIBIT R1(I):

TRUE COPY OF ORDER/INSTRUCTION NO.4632/PG CELL/1/2014 DATED 17.09.2014 GIVEN TO THE PRINCIPALS OF AFFILIATED COLLEGES.

EXHIBIT R1(J):

TRUE COPY OF REJECTION LETTER NO.EH XIII/MA ENG/2/ S1/M' 15 DATED 25.02.2015 BY THE UNIVERSITY.

EXHIBIT R1(K):

TRUE COPY OF REJECTION LETTER NO.EH XIII/MA ENG/2/S1/ M' 15 DATED 25.02.2015 BY THE UNIVERSITY.

EXHIBIT R1(L):

TRUE COPY OF REJECTION LETTER NO.EH XII/MA ENG/2/S1/ M' 15 DATED 25.02.2015 BY THE UNIVERSITY.

EXHIBIT R1(M):

TRUE COPY OF REJECTION LETTER NO.EH XIII/MA ENG/2/S1/ M' 15 DATED 25.02.2015 BY THE UNIVERSITY.

//TRUE COPY// P.S.TO JUDGE.

Msd.

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.6763 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 29th day of June, 2015

JUDGMENT

The writ petition was filed for a direction to the respondent to permit the petitioner to appear and write the first semester M.A English examination conducted by the third respondent from the fourth respondent's college.

2. Today when the matter came up for hearing, it was submitted by both sides that as the university did not permit the petitioner to sit for the examination, the petitioner did not take the examination. Therefore, the learned counsel for the petitioner confined his argument to the limited prayer for a direction to the fourth respondent to return the originals of the petitioner's testimonials.

3. The learned counsel for the fourth respondent submits that the fourth respondent is ready to handover the certificates, but it shall not be reckoned as a consent of the fourth respondent to have

WP(C)6763/15 -:2:- compensation by the petitioner from the fourth respondent. Recording the said submission, the writ petition is disposed of directing the fourth respondent to handover the certificates/ testimonials of the petitioner on acknowledgment within a period of one week from the date of receipt of a copy of this judgment. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj