Eric Steaphens v. University Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 WP(C).No. 10014 of 2015 (B) ---------------------------- PETITIONER(S):
-------------------------- ERIC E STEAPHENS, S/O.EDISON STEPHEN, 3RD SEMESTER STUDENT, 5 YEAR LLB TRIVANDRUM LAW COLLEGE, THIRUVANANTHAPURAM DT. RESIDING AT IRENE NIVAS, TC 34/1520, JUSA ROAD KOCHUTHOPE, VALLKADAVU P.O., THIRUVANANTHAPURAM (DT). BY ADVS.SRI.T.K.AJITH KUMAR SRI.K.T.SIDHIQ RESPONDENT(S):
----------------------------
1. UNIVERSITY OF KERALA REPRESENTED BY ITS VICE CHANCELLOR, PALAYAM THIRUVANANTHAPURAM, PIN-695037.
2. THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM PIN-695037.
3. THE PRINCIPAL GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM, PALAYAM THIRUVANANTHAPURAM-695037.
BY GOVERNMENT PLEADER SRI. R. RANJITH BY SRI.BECHU KURIAN THOMAS, SC, UNIVERSITY OF KERALA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10014 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXT.P1: TRUE COPY OF THE DISCHARGE SUMMARY DT.28-10-2014 ISSUED FROM SP FORT HOSPITAL AT THIRUVANANTHAPURAM.
EXT.P2: TRUE COPY OF THE MEDICAL CERTIFICATE DT.9-12-2015 ISSUED FROM SP FORT HOSPITAL AT THIRUVANANTHAPURAM.
EXT.P3: TRUE COPY OF THE REPRESENTATION DT.13-2-2015 ADDRESSED TO R1.
EXT.P4: TRUE COPY OF THE FEE RECEIPT NO.49693 DT.16-2-2015. //True Copy// P.S. To Judge
K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 10014 of 2015 - - - - - - - - - - - - - - - - Dated 30th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
JUDGMENT
The petitioner is aggrieved with the denial of participation in the 3rd semester examination to be commenced on 31.03.2015. The petitioner, a 3rd semester student, is said to have met with an accident in which he had been advised rest for two months from 25.10.2014 to 22.12.2014 as is evident from Ext.P2.
2. The learned Standing Counsel appearing for the University submits that, the total working days in the semester was 39 and that the petitioner has attended only for two days. Evidently the Regulation of the University provides for condonation of only 15% shortage of attendance for medical reasons by the Vice Chancellor. However, in the present case, the petitioner has not made an application for such condonation. The petitioner
WP(C).10014/15 also did not register for the examinations but merely remitted the fees. The petitioner having not participated in any of the internals in the semester, now approaches this Court with a writ petition on the basis of a representation at Ext.P3 filed before the Vice Chancellor of the University.
3. Considering the entire circumstances, this Court is not inclined to grant any provisional order for the petitioner to participate in the examinations commencing on 31.03.2015 despite the unfortunate facts brought out from Exts.P1 and P2. The petitioner definitely would have to re-do the semester and obtain sufficient attendance to appear for the examinations.
The writ petition would stand dismissed.
Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//