IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 7776 of 2009(N) ------------------------- PETITIONER(S): --------------- FARIS IBRAHI, S/O.IBRAHIM,AGED 25 YEARS, MANAKKALA VALATTIL HOUSE, PERUMPILAVU P.O. KARIKKAD, THRISSUR DIST. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): --------------- 1. KERALA UNIVERSITY REP.BY REGISTRAR UNIVERSITY OFFICE, THIRUVANANTHAPURAM. 2. CONTROLLER OOF EXAMINATIONS UNIVERSITY OF KERALA, UNIVERSITY OFFICE,THIRUVANANTHAPURAM. 3. STATE OF KERALA REP. BY SECRETARY, HIGHER EDUCATION, GOVT.SECRETARIATE, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.7776 OF 2009 ------------------------ Dated this the 31st day of March, 2009. JUDGMENT Petitioner is a B. Tech student in the college Of Engineering Thiruvananthpauram. In this writ petition his complaint is regarding Ext.P5 where the University has declined his request for moderation. According to the petitioner on the strength of Ext.P1 and in view of Ext.P3 judgment he ought to have given moderation. 2. However, according to the Standing counsel for the respondent University, as per the regulations framed by the University, moderation will be given to students provided with the moderation given, the student should pass all papers of the semester concerned. It is stated that relaxation from this regulation was ordered by Ext.P1, but however the same was cancelled by Ext.P2. It is also stated that the direction in Ext.P3 was to consider his case in the WP(c).No.7776/09 /2/ light of the regulations framed by the University. It is stated that even if the moderation is given the petitioner will not pass in all subjects of the semester and it was therefore that by Ext.P5 the request was declaimed. The claim of the petitioner can be sustained, only in the light of the regulations framed by the University. If the University regulations provide that the moderation will be given only if it will enable the student to pass the semester, the petitioner can claim moderation only consistent with such regulations. In this case the case of the University is that even if moderation is given, the petitioner will not ultimately pass the semester This stand of the University cannot be disputed. If that be so, the order Ext.P5 declining moderation to the petitioner is only to be upheld and the petitioner cannot claim any relief in his writ petition. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.7776/09 /2/