IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 14513 of 2007(C) ---------------------------------------- PETITIONER: -------------------- ANOOP.K.V., AGED 24, S/O.K.V.VIPINA CHANDRAN, KILIYADI HOUSE, CHERUVANNUR, P.O.FEROOK, KOZHIKODE. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS: ------------------------ 1. CALICUT UNIVERSITY, THENJIPALAM, KOZHIKODE, REP. BY REGISTRAR. 2. VICE CHANCELLOR, CALICUT UNIVERSITY, THENJIPALAM, KOZHIKODE. 3. PRINCIPAL, AWH SPECIAL COLLEGE, KALLAI, KOZHIKODE. R1 & R2 BY SRI.P.C.SASIDHARAN, SC, CALICUT UTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14513/2007 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REQUEST OF THE 3RD RESPONDENT BEARING NO.AWH SPL.53-2006 DTD. 19/12/06. EXT.P2: COPY OF THE LETTER BEARING NO.GAI/JI/2471/06 DTD. 19/03/07. EXT.P3: COPY OF THE MEMO BEARING NO.ES.xii/2/IV SEMESTER COMPUTER SCIENCE/APRIL 2007 DTD. 18/04/07. EXT.P4: COPY OF THE REPLY OF THE PETITIONER DTD. 20/04/07. EXT.P5: COPY OF THE REPRESENTATION TO THE 2ND RESPONDENT DTD. 25/04/07. EXT.P6: COPY OF THE NOMINAL ROLL OF THE CANDIDATE REGISTERED FOR B.SC.IV SEMESTER EXAMINATION MAY, 2007 IN WHICH MY NAME AND REGISTER NUMBER IS STRUCK OFF. EXT.P7: COPY OF THE MARK LIST DTD. 16/10/07. EXT.P8: COPY OF THEMEMO NO.E5/XII/2/07 DTD.2/01/08. 1ST RESPONDENT'S EXHIBIT: EXT.R1(A): COPY OF THE COMMUNICATION DTD. 25/05/07. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 14513 of 2007 ------------------------------------- Dated: January 23, 2008 JUDGMENT The prayer in this writ petition is to quash Ext.P3 and to direct the respondents to allow the petitioner to appear for the 4th and 2nd semester B.Sc. Computer Science Examination held in May 2007. By virtue of the interim order dated 4.5.2007, the petitioner had provisionally appeared for the examination. By an interim order dated 29.10.2007, passed in I.A.No.14183/2007, this court had directed the respondent to allow the petitioner to appear provisionally for the 5th and 3rd semester examinations held in November 2007. 2. It is now stated that though the petitioner had appeared for the examinations, the results have not been declared. Earlier the petitioner was informed that what stood in the way of the petitioner was the non- declaration of the results of the 2nd semester. That has been declared by the University by Ext.P7. Now the petitioner contends that the University should be directed to declare the result of the 4th semester examination. 3. The contention raised by the University in its counter affidavit WP(C) 14513/07 Page numbers is that in terms of the regulations, it is only after registering for the 2nd semester examination, could the petitioner have continued the 3rd and 4th semester. According to the University, the petitioner became eligible to appear for the 2nd semester examination only in May 2007 along with the junior batch and therefore he could not have appeared for the 4th semester examination held in May 2007. 4. Whatever be the position, the fact remains that the petitioner has appeared for the 2nd semester examination as also the 4th semester examination. The result of the 2nd semester examination also has been declared by the University. It is true that applying the Regulations strictly, the stand of the University has to be held as correct. However, this is a case where serious prejudice will be caused to the petitioner if such strict application of the regulation is adopted. In any case, considering all aspects, including the individual hardship, the Syndicate can consider this issue and take an impartial decision. 5. In view of this, I direct that the petitioner shall approach the Syndicate of the respondent University by making an appropriate representation in this behalf, in which case the Syndicate shall consider such representation and take a decision thereon. The petitioner shall file his representation within ten days from today, in which case the WP(C) 14513/07 Page numbers Syndicate shall consider the representation so made within four weeks thereafter. With the above direction the writ petition is disposed of. ANTONY DOMINIC, JUDGE mt/-