Nijina M Nazar v. M.G.University

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 21272 of 2015 (H) ---------------------------- PETITIONER(S) :

---------------------- NIJINA M NAZAR, AGED 31 YEARS, WIFE OF DR.DAREZ AHAMED, MANADATH HOUSE, ALUVA - 683 103.

BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S) :

----------------------- 1.

M.G.UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM 686 560.

2.

THE VICE-CHANCELLOR, M.G.UNIVEISITY, PRIYADARSHINI HILLS, KOTTAYAM - 686 560.

3.

RAJAGIRI COLLEGE OF SOCIAL SCIENCES, REPRESENTED BY ITS PRINCIPAL, RAJAGIRI P.O., KALAMASSERY - 683 104.

R1 & R2 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

AMV

: 2 :

WP(C).No. 21272 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- P1:

COPY OF THE MARK LIST GIVEN TO THE PETITIONER BY THE 1ST RESPONDENT DATED 11/9/2006 PERTAINING TO THE FIRST SEMESTER EXAMINATION HELD IN FEBRUARY, 2006.

P2:

COPY OF THE MARKLIST OF THE SECOND SEMESTER EXAMINATION HELD IN JULY, 2006.

P3:

COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.AMIRUNISA BEGUM, MANJERI, DATED 28/12/2006.

P4:

COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE RAJAGIRI COLLEGE OF SOCIAL SCIENCES, KALAMASSERY, DATED 2/5/2007. P5:

COPY OF THE COURSE AND CONDUCT CERTIFICATE ISSUED BY THE RAJAGIRI COLLEGE OF SOCIAL SCIENCES, DATED 2/5/2007. P6:

COPY OF THE REPRESENTATION SEND BY THE PETITIONER TO THE 2ND RESPONDENT, DATED 10/07/2015.

RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE AMV

A.V.RAMAKRISHNA PILLAI, J.

....................................................... W.P.(C) No. 21272 of 2015 (H) ........................................................... Dated this the 15th day of July, 2015

JUDGMENT

The petitioner approaches this Court, through the present writ petition, seeking a direction to the 1st and 2nd respondents to consider and pass orders on Ext.P6 representation preferred by her, which is stated to be pending consideration before the 2nd respondent. 2.The grievance of the petitioner is that, the petitioner, who has passed the first three semesters of MBA course, is unable to attend the 4th semester examination due to her health condition, which is sought to be substantiated with reference to Ext.P3 medical certificate. Now the petitioner was decided to write the 4th semester examination and made a request before the 1st respondent. However, the 1st respondent rejected the request for the reason that there is a deficiency of 11 days attendance and the Management/3rd respondent can only condone 10 days and the remaining days can be condoned by the 2nd respondent. The same is under challenge in this writ petition.

W.P.(C) No. 21272 of 2015 (H) 3.The learned standing counsel for the 3rd respondent on instructions submitted that the petitioner completed the course in the year 2007; and consequently she was issued with the course certificate and transfer certificate and at present it is not within the competence of the 3rd respondent to permit her to write the 4th semester MBA examination. 4.The learned counsel for the petitioner would submits that Ext.P6 representation is now pending before the 2nd respondent and the petitioner would be satisfied, if a direction is given to the 2nd respondent to consider and pass formal orders on Ext.P6, after affording an opportunity of hearing to the petitioner.

Considering the facts and circumstances of the case, the writ petition is disposed of, directing the 2nd respondent to pass appropriate orders on Ext.P6 representation, after affording an opportunity of hearing to the petitioner, within a period of three weeks from the date of receipt of a copy of this judgment.

sd/- A.V.RAMAKRISHNA PILLAI, JUDGE AMV/16/07/