High Court of KeralaWP(C)/13368/2015disposed of

Vishnu B v. Themahatma Gandhi University

2015-06-11Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No. 13368 of 2015 (U) ---------------------------- PETITIONER :

------------------ VISHNU B., AGED 19 YEARS, IST SEMESTER, INTEGRATED FIVE YEAR LL. B COURSE, GOVERNMENT LAW COLLEGE, ENAKULAM, RESIDING AT SMRUTHI STADIUM ROAD, N.PARAVUR, ERNAKULAM.

BY ADV. SRI.T.P.PRADEEP RESPONDENTS :

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

1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY THE REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM-686562.

2. VICE CHANCELLOR/CHAIRMAN, BOARD FOR ADJUDICATION OF STUDENTS, GRIEVANCES MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM-686562.

3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM-686562.

4. THE PRINCIPAL GOVERNMENT LAW COLLEGE, ERNAKULAM.

R1 TO R3 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13368 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE CERTIFICATE FOR PERSONS WITH DISABILITIES DATED 28.1.2015.

EXHIBIT P2:

TRUE COPY OF THE CERTIFICATE DATED 25.4.2015 ISSUED BY DR. MAHESH G. GIRIDHAR EYE INSTITUTE.

EXHIBIT P3:

TRUE COPY OF THE COMPLAINT PREFERRED TO THE 2ND RESPONDENT DATED 27.4.2015.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- -------------------------------------- Dated this the 11th day of June, 2015.

JUDGMENT

Aggrieved by the inaction on the part of the second respondent in considering Ext.P3 complaint, the petitioner has approached this Court.

The petitioner is studying for 1st Semester of Integrated Five Year LL.B Course in Government Law College, Ernakulam. The petitioner is a physically challenged student having 100% permanent visual defect and he secured 80.80% marks in Class XII examinations and 1st Rank in Entrance Examination under PWD Reservation. The petitioner alleges that he has no vision in the right eye and his visual ability in the left eye is sub normal. As serious mascular detachment was noticed during January, 2015, he was medically advised not to strain for more than 2 hours. The petitioner further alleges that he regularly attended classes of 1st Semester for more than 75% of the total working days. He was allowed to

-2take rest after every 2 hours from the teaching sessions. It is further alleged when the petitioner approached the 4th respondent to remit the examination fee for the 1st Semester Exams, it was informed that he is not having the minimum attendance to write the examination. The 4th respondent did not care to send the applications of the petitioner to the University.

This Court as per interim order dated 5.5.2015 permitted the petitioner to appear in the first semester examination of Integrated 5th Year LLB Course. Now the learned counsel for the petitioner submits that the second semester has begun.

As the limited prayer is for a direction to the respondent to consider Ext.P3 complaint, the writ petition is disposed of directing the second respondent to consider Ext.P3 within a period of two months, after affording the petitioner and the fourth respondent, an opportunity of being heard. The petitioner shall be allowed to sit in the second semester

-3classes of 5th year Integrated LLB Course. However, it is made clear that this shall be subject to the decision taken on Ext.P3. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.