Vidya Sadasivan v. The Mahatma Gandhi University
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 WP(C).No. 12590 of 2015 (W) ---------------------------- PETITIONER(S):
-------------------------- VIDHYA SADASIVAN, AGED 21 YEARS, D/O. SADASIVAN, PERUMANAMADOM (H), PUNNAKUNNAM P.O., PULINKUNNU, ALAPPUZHA DISTRICT.
BY ADVS.SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW, SRI.SUNIL KUMAR A.G.
RESPONDENT(S):
----------------------------
1. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS P.O., ATHIRAMPUZHA, KOTTAYAM-686 001, REP. BY ITS REGISTRAR.
2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM-686 001.
3. KRISTU JYOTI COLLEGE OF MANAGEMENT AND TECHNOLOGY, CHETHIPUZHA, KURISUMMOODU P.O., CHANGANASSERY, KOTTAYAM-686104, REP. BY ITS PRINCIPAL.
R1 & R2 BY ADV. SRI.VARUGHESE M.EASO, SC.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 12590 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE IDENTITY CARD.
EXHIBIT P2: TRUE COPY OF THE GRADE CARD DATED 25.03.2015. EXHIBIT P3: TRUE COPY OF THE NOTIFICATION DATED 06.04.2015. RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
K. Vinod Chandran, J.
-------------------------------------- W.P(C) No.12590 of 2015-W ------------------------------------- Dated this the 28th day of April, 2015
JUDGMENT
The petitioner claims to be a student now enrolled for the MCA course in the 3rd respondent-College, affiliated to the 1st respondent-University. The eligibility for admission to the post-graduate course is her graduate qualification. The petitioner admits in the writ petition that she was not qualified as on the date of her admission to the post-graduate course. The petitioner is said to have failed in the subject "Calculus" in the 2nd year 3rd semester examination of the graduate course in B.Sc Mathematics. She is then said to have appeared for the supplementary examination conducted by the University in November 2013, in which also she failed. The present writ petition is for permitting the petitioner for appearing in the MCA examination, since the re-valuation of her supplementary examination paper is pending with the University. The petitioner alleges that it is due to the delay in publication of the results that she has been declined permission to appear and write the MCA examination.
WP(C) No.12590 of 2015 - 2 -
2. At the outset it has to be noticed that the petitioner had failed in a subject in 2nd year 3rd semester examination of the graduate course and also failed in supplementary examination. The admission to the MCA course itself would, hence, be irregular. The petitioner's contention that, she would lose one academic year for no fault of her cannot be countenanced, since her admission to the post-graduate course was without acquiring graduate qualification, which led to the present consequence. This Court is not inclined to regularise an irregular admission and allow the petitioner to continue the post-graduate course when she has failed to qualify her graduate examination.
The writ petition would stand dismissed.
Sd/- K. Vinod Chandran, Judge vku/ [ true copy ]