IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 19406 of 2011(A) --------------------------------------- PETITIONER(S): ----------------------- REBU VARGHESE, S/O.ABRAHAM K.VARGHESE, KANAKALIL HOUSE, MANARCADU P.O., KOTTAYAM-686 019. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): -------------------------- MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS, KOTTAYAM-686 560, REPRESENTED BY THE REGISTRAR. BY ADV. MR.T.A. SHAJI, SC, M.G. UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19406 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY. EXT.P2: COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY. EXT.P3: COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY. EXT.P4: COPY OF THE MARK LIST ISSUED BY THE UNIVERSITY. EXT.P5: COPY OF THE REQUEST DATED 23/04/2011 GIVEN BY PETITIONER. EXT.P6: COPY OF THE COMMUNICATION NO.EI-XXV/B.TECH/2011 DATED 22/06/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19406 OF 2011 ----------------------------------------------------- Dated this the 5th day of August , 2011 J U D G M E N T Petitioner was a student of B.Tech Electronics and Communication Degree Course at Saint Gits College, Kottayam, which is affiliated to the first respondent, University. 2. Petitioner completed the course and passed out in May, 2009 and on that basis, he has secured employment in Leela Info Park, Cochin. Subsequently, the petitioner applied for consolidated marks card but the same was denied to him stating that the marks recorded in the marks list concerning two subjects, viz. Electronics Circuit-II and Applied Electromagnetic Theory are incorrect and that he has actually failed in the said two subjects. W.P.(C) No. 19406 OF 2011 :2 : 3. It is in these circumstances the petitioner has filed this writ petition seeking to quash Ext.P6 communication issued to him by the University and to direct the University to issue the consolidated marks card and a degree certificate along with other certificates. 4. Ext.P6 is the communication which is impugned in this writ petition and this communication reads as follows. “With reference to the above, the candidate is directed to produce the following Marklists in original for necessary corrections:- (1) S4 Examination May 2009 – Register Number 515922. (2) S5 Examination May 2009 – Register Number 516293. Further, it is informed that he has not passed Paper D – Electronic Circuits – II of S4 and Paper C – W.P.(C) No. 19406 OF 2011 :3 : Applied Electromagnetic Theory of S5.” 5. Instructions have been obtained by the learned Standing Counsel which indicate that the petitioner failed in the two subjects mainly for shortage of marks in the internal examinations and there is no regulation enabling him to redo the internal alone and appear for internal examination. 6. If as stated by the University petitioner has actually failed in the two subjects, irrespective of the mistake and the delay in communicating the same, petitioner will have to necessarily pass the examinations for getting the degree awarded. In what manner it should be done and within what time frame it is possible are matters which the University will necessarily have to decide. Therefore I leave it open to the petitioner to produce a copy of this judgment before the Vice Chancellor of the University who there upon shall consider the case of W.P.(C) No. 19406 OF 2011 :4 : the petitioner and permit him to appear for the examination, which shall be scheduled as expeditiously as possible. Needless to say that, while a decision is taken in the matter, the fact that the petitioner has already got employment on the basis that he is a B.Tech graduate also shall be adverted to. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge