Ashika Shaji v. The Mahatma Gandhi University
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 12TH DAY OF MARCH 2015/21ST PHALGUNA, 1936 WP(C).No. 7878 of 2015 (H) ---------------------------------------- PETITIONER(S) :
------------------------ ASHIKA SHAJI, AGED 20 YEARS, W/O.SANU P., III YEAR STUDENT, BACHELOR OF SOCIAL WORK (BSW), MANNAM MEMORIAL N.S.S.COLLEGE, KONNI, PATHANAMTHITTA DISTRICT, RESIDING AT PULIKADAVUNKAL KALAYIL, PUTHUSSERIMALA P.O, RANNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S) :
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1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY OFFICE, PRIYADARSHINI HILLS P.O, KOTTAYAM-686 560.
2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O, KOTTAYAM-686 560.
3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O, KOTTAYAM-686 560.
4. THE ASSISTANT REGISTRAR (EXAMS), MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O, KOTTAYAM-686 560.
5. THE PRINCIPAL, MANNAM MEMORIAL N.S.S.COLLEGE, KONNI, PATHANAMTHITTA DISTRICT-689 691.
R1 TO R4 BY ADV. SRI.VARUGHESE M.EASO, S.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 7878 of 2015 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :
COPY OF CERTIFICATE DT 25.02.2015 ISSUED BY DR.RENJITHA, PEOPLES CLINIC & HOSPITAL, PATHANAMTHITTA.
EXT P2 :
COPY OF CERTIFICATE ISSUED BY DR.VALSA SATHYAN, PEOPLES CLINIC & HOSPITAL, PATHANAMTHITTA.
EXT P3 :
COPY OF THE LETTER DATED 30.01.2015 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C)No. 7878 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2015
J U D G M E N T
The petitioner is a 6th semester student in the 5th respondent College in the graduate programme of Bachelor of Social Work (CBCSS Degree examination). The course is one conducted by the 1st respondent University through the 5th respondent which is an affiliated College. The University regulation prescribes certain amount of attendance in each of the semesters, for being participated in the examination. The regulation also provides for a condonable limit for reason of medical condition.
2.
In the present case, the petitioner has not at all attended the 6th semester. The Principal obviously, motivated by the reason stated, being that of complications in delivery, was gracious enough to request the University to consider the petitioner's participation to
WP(C) No.7878/2015 : 2 :
the 6th semester examination. Despite the grace displayed by the Principal, the University cannot act against its regulations. The student also has been deprived off attending the classes only because of the medical condition. Definitely, that would require consideration in a lenient manner at the hands of the University when re admission and continuation in the course is sought. However, without attending any classes the petitioner cannot be permitted to appear for the 6th semester examination now scheduled.
With the above observation, writ petition would stand closed. No costs.
Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// //P.A to Judge//