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High Court of KeralaWP(C)/14242/2015disposed of

Anoop Krishna A.S. v. The 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 WP(C).No. 14242 of 2015 (E) ---------------------------- PETITIONER :

--------------------- ANOOP KRISHNAN A.S., VIIITH SEMESTER B.TECH (APPLIED ELECTRONICS & INSTRUMENTATION) STUDENT MOUNT ZION COLLEGE OF ENGINEERING, KADAMANITTA PATHANAMTHITTA DISTRICT-689 649 RESIDING AT AIKKARA HOUSE, PERISSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT-689 508.

BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENT(S) :

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

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

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

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

4. THE PRINCIPAL, MOUNT ZION COLLEGE OF ENGINEERING, KADAMANITTA PATHANAMTHITTA DISTRICT-689 649.

R1 TO R3 BY ADV. SRI.VARUGHESE M.EASO, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 14242 of 2015 (E) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

TRUE COPY OF THE LETTER 17-11-2014 FROM THE CHIEF SUPERINTENDENT FOR UNIVERSITY EXAMINATIONS, MOUNT ZION COLLEGE.

EXT. P2:

TRUE COPY OF THE MEMO DATED 10-12-2014 ISSUED BY THE CONTROLLER OF EXAMINATION.

EXT. P3 :

TRUE COPY OF THE RECEIPT DATED 30-3-2015 ISSUED BY FRIENDS JANASEVAKENDRAM.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.14242 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 29th day of June, 2015

JUDGMENT

The petitioner has approached this Court challenging the denial of permission to appear for B.Tech, VIIIth Semester Examination.

2. The petitioner is an VIIIth (Final) Semester B.Tech student in the Mount Zion College of Engineering, Kadamanitta, which is affiliated to the Mahatma Gandhi University. He is aggrieved by the refusal to accept his application and fee for the VIIIth Semester Examination scheduled to be held in May-June, 2015. He is also aggrieved by the denial of permission to appear for the supplementary examinations to be held in May-June, 2015 after accepting fees for the same.

3. The petitioner alleges that as per Ext.P1, he is prohibited from writing any more papers during the B.Tech Degree Examinations, November-December, 2014. After Ext.P1, there is no

WP(C)14242/15 -:2:- classes for the VIIIth (Final) Semester commenced in January, 2015 and completed on 23.4.2015. The petitioner further alleges that he has attended the classes of VIIIth Semester in the internal examinations. While so, the VIIIth Semester Examination was scheduled to be held in May and June, 2015. Even though the petitioner was fully qualified to appear for the examinations, his fees and application was not accepted. According to him, there is no justification for the respondents in not accepting the application and requisite fee in respect of the VIII Semester Examinations to be held in May-June, 2015. Hence, this writ petition.

4. Heard, the learned counsel for the petitioner and the learned standing counsel for the respondent university.

5. Today when the matter came up for hearing, the learned counsel for the petitioner submitted that the enquiry proceedings initiated against the petitioner is still continuing and, therefore, the learned counsel sought for a direction to the respondents to complete

WP(C)14242/15 -:3:- the enquiry proceedings within a time limit.

Therefore, the writ petition is disposed of directing the respondents to complete the enquiry proceedings against the petitioner within a period of two months from the date of receipt of a copy of this judgment.

To facilitate early action, it shall be open to the petitioner to produce a copy of this judgment as well as copy of the writ petitioner before the respondent concerned at the earliest. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj