High Court of KeralaWP(C)/24814/2015disposed of

Emil Emmanuel v. The Mahatma Gandhi University

2015-08-197 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 WP(C).No. 24814 of 2015 (B) ---------------------------- PETITIONER(S):

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

1. EMIL EMMANUEL, CHOWATTUKUNNEL HOUSE, 6TH MILE, PLASSANAL P.O., KOTTAYAM DISTRICT- 686 579.

2. SUBIN P. PRASAD, POOVATHAMTHUNDIYIL HOUSE, CHETTUTHODU P.O., KOTTAYAM DISTRICT-686 508

3. TOM P.C., POOTHOONICKAL HOUSE, CHETTUTHODU P.O, PALA, KOTTAYAM DISTRICT-686 508.

4. JESIL P.J., PULICKACHALIL HOUSE, ERATTUPETTA P.O., KOTTAYAM DISTRICT-686 121.

5. ANANDHU SURENDRAN, KIZHACKATHU HOUSE, KUNNONNI P.O, KUNNONNI, KOTTAYAM DISTRICT-686 582.

6. RONEY JOSE, CHANDRAKUNNEL HOUSE, NADACKAL P.O, TEEKOY, KOTTAYAM DISTRICT-686 121.

7. BABYCHEN SAJU, ADATTU HOUSE, PALA P.O, KOTTAYAM DISTRICT-686 575.

8. ABEY T.SRAMPICKAN, SRAMPICKAL HOUSE, PALA P.O., KOTTAYAM DISTRICT-686 575.

9. SRAVAN PRASAD, KOCHUMANDATHIL HOUSE, KAROOR P.O, PONADU, KOTTAYAM DISTRICT-686 574.

10. SADESH BHASKARAN, VARICKAMACKAL HOUSE, MOONILAVU P.O., KOTTAYAM DISTRICT-686 586.

WP(C).No. 24814 of 2015 (B)

11. AKHIL RAJU, KANIYAMKUNNEL HOUSE, KUNNONNI P.O, KUNNONNI, KOTTAYAM DISTRICT- 686 582

12. AKASH JOSEPH, AMMOOTTUKUNNEL HOUSE, KUNNONNI P.O, KUNNONNI, KOTTAYAM DISTRICT-686 582.

13. JIJO JOSE, THAYIL HOUSE, TEEKOY P.O, TEEKOY, KOTTAYAM DISTRICT-686 580.

14. JOHN DOMINIC, KALLUPURACKAKATHU HOUSE, ANJOOTTIMANGALAM P.O., PLASANAL, KOOTAYAM DISTRICT- 686 579.

15. ABIN JOSEPH, PLATHOTTATHIL HOUSE, MANJUKULAM P.O., KOTTAYAM DISTRICT-686 508.

BY ADV. SRI.GEORGEKUTTY MATHEW.

RESPONDENT(S):

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

1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM, PIN- 686 566.

2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, KOTTAYAM, PIN- 686 566.

3. THE CONTROLLER OF EXAMINATION, MAHATMA GANDHI UNIVERSITY, KOTTAYAM, PIN- 686 566.

BY ADV. SRI.VARUGHESE M.EASO, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 24814 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 30/07/2015.

RESPONDENT'S EXHIBITS:- NIL.

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 24814 of 2015 -------------------------------------- Dated this the 19th day of August, 2015.

JUDGMENT

The petitioners have approached this court aggrieved by the delay in scheduling the practical examinations for the degree course in off-campus system.

Petitioners are students of B.Com course 2012-13 to 2014-15 under the off-campus system of Mahatma Gandhi University. They appeared for final year written examination in May 2015. The practical examination is not scheduled so far in the off campus system, whereas practical examinations are completed and results are published in other systems of B.Com course during 2012-13 to 2014-15. The petitioners allege that while so, respondents invited application for Post Graduate Course for the year 2015-16 to 2016-17 without publshing the results of degree courses during 2012-13 to 2014-15 in the off-campus system. The petitioners further allege that due to the delay in conducting the practical examination and

W.P.(C) No. 24814 of 2015 -2publishing the result from the part of university in the off campus system, the petitioners apprehends that they would be denied opportunity to join the post graduate course. The petitioners alleges that they are entitled to get opportunity to submit application for admission to the Post Graduate Course for year 2015-2016. The respondents are bound to publish result of degree courses during 2012-13 to 2014-15 before inviting applications for Post Graduate course for the year 2015-16 to 2016-17. However, the students from off campus system are illegally discriminated and illegally denied opportunities for Post Graduate Course. It is further pointed out that the first petitioner got admitted to Pondicherry University as an MBA (Insurance) student. His classes started on 20.7.2015.

The admission is subject to production of the Mark sheets, provisional certificate and migration certificate from the respondent university on or before 30.8.2015.

W.P.(C) No. 24814 of 2015 -3to the M.B.A course at Pondichery University, which is his great dream.

I have heard the learned counsel for the petitioners and the learned standing counsel for the respondent university in the matter.

The learned standing counsel for the respondent University on instructions would submit that the entire process would be over by 31.12.2015.

Recording the said submission, the writ petition is disposed of directing the respondent university to adhere to the above time schedule and to publish the result of the petitioners within the aforesaid time without fail. It shall be open to the petitioners to apply for confidential mark sheets after tabulation is over and in the event of submitting such requests, the same shall be honoured by the respondent university without fail.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.