Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944 WP(C) NO. 2693 OF 2023 PETITIONER/S: ASHWIN CHARLY, AGED 22 YEARS S/O CHARLY JOSEPH, PULICKAL HOUSE, KADEPILLY ROAD, NAISSERY LANE, UC COLLEGE P.O., ALUVA, ERNAKULAM , PIN - 683102 BY ADVS. C.Y.VINOD KUMAR MANOJ VASU C.DEEPA RESPONDENT/S:
1 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, 2 MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR 3 CONTROLLER OF EXAMINATIONS MAHATMA GANDHI UNIVERSITY,PRIYADARSHINI HILLS, 4 SCMS SCHOOL OF TECHNOLOGY & MANAGEMENT PRATHAP NAGAR, MUTTOM, ALUVA, ERNAKULAM, REPRESENTED BY THE PRINCIPAL , PIN - 683106 ADV.SURIN GEORGE IPE SC MG UTY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
SATHISH NINAN, J.
================================================ W.P.(C) No.2693 of 2023 ============================================================= Dated this the 27th day of January, 2023
JUDGMENT
Finding that the petitioner had committed irregularities in the 3rd semester supplementary examinations March -2022, Ext.P1 order was issued by the University cancelling his 3rd semester supplementary exams and further debarring him from writing all examinations that occur prior to February 2023.
2. The 3rd semester supplementary examinations is now
proposed to be conducted in the month of March 2023. To appear for the examinations, the petitioner need to apply for the same and remit the necessary fee. Since the period of debarring is not over, the petitioner is not being permitted to remit the fee and to apply for examinations, is the grievance.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the University. -3-
4. The exam is scheduled only in March 2023 which is
evidently beyond the period of debarring. Since the period of debarring is only up to February 2023 and that the examination proposed is only in the month of March 2023, the petitioner is liable to be permitted to appear for examinations. Accordingly this writ petition is disposed of directing that, the application accompanied by the requisite fee, if any submitted by the petitioner for appearing in the 3rd semester supplementary examinations proposed to be conducted beyond February 2023 shall be accepted. sd/- SATHISH NINAN JUDGE das The words “February 2023” occurring in the last sentence
of the judgment dated 27/01/2023 is corrected as “January 2023” as per order dated 30.01.2023 in IA.1/2023 in WP(C) 2693/202. sd/- Deputy Registrar -4- APPENDIX OF WP(C) 2693/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 30/11/22 ISSUED BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
BEFORE THE 1ST RESPONDENT