Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 WP(C).No. 9628 of 2014 (C) --------------------------- PETITIONER : -------------------------- SURENDRAN P.,S/O. PURUSHOTHAMAN NAIR, AGED50YEARS, 1ST SEMISTER BA (CRIMINOLOGY) LLB (HONS), GOVERNMENT LAW COLLEGE, ERNAKULAM-682 011, RESIDING AT GOURI SANKARAM, KODUNGOOR, VAZHOOR, KOTTAYAM-686 504. BY ADVS.DR.V.N.SANKARJEE SRI.PRATHAP. S.R.K. RESPONDENT(S): ---------------------------- 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O., ATHIRAMPUZHA, KOTTAYAM-686 560 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O., ATHIRAMPUZHA, KOTTAYAM-686 560 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS.P.O., ATHIRAMPUZHA, KOTTAYAM-686 560 4. THE PRINCIPAL, GOVERNMENT OF LAW COLLEGE, ERNAKULAM,PIN-682 011. R1 TO R3 BY DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.9628/2014 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RELEVANT PAGES OF RANK LIST PUBLISHED BY THE CONTROLLER OF EXTRANCE EXAMINATION VIDE NOTIFICATION NO.1148/5LLB/2013/TA2/CEE DATED0508/2013 P2 COPY OF THE NOTIFICATION DATED2410/2013 ISSUED BY THE REGISTRAR, OF THE1T RESPONDENT UNIVERSITY, WHICH PROVIDES FOR ALL THE ABOVE NORMS P3 COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. ATHUL, MGDM HOSPITAL, KANGHAZHA P4 COPY OF THE CHALLAN NO.99954 DATED2502/2014 P5 COPY OF THE REPRESENTATION DATED0702/2014 SUBMITTED TO THE4H RESPONDENT. P6 COPY OF THE REPRESENTATION DATED12032014 SUBMITTED TO THE4H RESPONDENT. P7 COPY OF THE JUDGMENT
DATED1812/2013 IN WP(C)NO.17148/2012 OF THIS HON'BLE COURT RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 9628 of 2014 - - - - - - - - - - - - - - - - Dated 1st April, 2014 - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT
The petitioner is a first semester LLB student in the 4th respondent College. The petitioner is denied issuance of hall ticket for the first semester examination only on the ground of attendance shortage. The petitioner, during the semester was under treatment for some time. The Medical Certificate was also produced before the Principal. The Principal hence, recommended his application for condonation of shortage of attendance.
2. As per Ext.P6, it is noticed that the petitioner has only 47% attendance. The learned Standing Counsel for the University submits that the minimum required percentage is 75% and that the condonable limit is only 10% that too only on medical grounds. WP(C).9628/14 2 3. In the present case, it is to be noticed that the total working days prescribed by the University as per Ext.P2 is 90 days. Classes were disrupted in the Government Law College for 22 days as has been submitted by the petitioner. In fact, the strike carried on by the students and the disruption of classes had reached this Court in a writ petition which was considered by a Division Bench in Ext.P7. The petitioner's contention is that actually there were only 68 working days and if the attendance percentage is calculated on the basis of the said 68 days he would necessarily have attendance within the condonable limit, if not, the attendance required for appearance. In such circumstances, it is deemed fit that the Vice Chancellor, the 2nd respondent consider Ext.P6, especially since the Principal has though it fit to recommend the condonation of attendance WP(C).9628/14 3 shortage; within a period of three weeks from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner would be permitted to appear for the first semester examination, which started on 27.03.2014. Necessarily such appearance in the examination shall be provisional and the results shall be subject to the decision taken by the Vice Chancellor, the 2nd respondent. Writ petition disposed of. Sd/- K.VINOD CHANDRAN, Judge Mrcs