IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 21549 of 2010(P) -------------------------- PETITIONER(S): --------------- 1. ALEX.L.ABRAHAM, VETTUKUZHIYIL EBENEZER, VAZHARMANGALAM P.O., CHENGANNUR, ALAPPUZHA. 2. HEMANTH.S., KOCHUKARAKKATTU HOUSE, VETTIMUKAL P.O., ETTUMANNOOR, KOTTAYAM. 3. KOSHY M.SAM, MAMKOYIKKAL HOUSE, KALLIMEL P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 4. JAISON GEORGE VARGHESE, THEKKEKUTTU HOUSE, NEDUNGADAPPALLY P.O., KOTTAYAM. 5. MARTIN AUGUSTINE, S/O.C.V.AUGUSTINE CHALAKKAL, NADAPURAM, ITHITHANAM, CHANGANASSERY-686 535. 6. DANNY JOSEPH VARKEY, USHUS GEETHAM, KALLAYAM P.O., TRIVANDRUM-43. BY ADVS. MR.SIVAN MADATHIL MR.K.ABDUL HAK RESPONDENT(S): ------------------- 1. SAINTGITS COLLEGE OF ENGINEERING KOOTTUKULAM HILLS, PATHAMUTTAM P.O., KOTTAYAM-686 532. (AFFILIATED TO M.G. UNIVERSITY), REP.BY ITS MANAGER. 2. THE PRINCIPAL, SAINTGITS COLLEGE OF ENGINEERING, KOTTUKULAM HILLS, PATHAMUTTAM .P.O., KOTTAYAM-686 532. WP(C).No. 21549 of 2010 3. M.G.UNIVERSITY, SURYA KALADY HILLS, KOTTAYAM REP.BY ITS REGISTRAR. 4. THE CONTROLLER OF EXAMINATIONS M.G.UNIVERSITY, SURYA KALADY HILLS, KOTTAYAM. 5. THE VICE CHANCELLOR, M.G.UNIVERSITY, SURYA KALADY HILLS, KOTTAYAM. ADV. MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R1 MR.TONY GEORGE KANNANTHANAM FOR R1 MR. T.A. SHAJI - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21549 of 2010 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF THE SHOW CAUSE NOTIEC DTD 29.01.2010 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER. EXT.P2: COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE PRINCIPAL OF THE COLLEGE TO THE 3RD PETITIONER. EXT.P3: COPY OF THE SHOW CAUSE NOTICE DTD 18.03.2010 ISSUED BY THE PRINCIPAL TO THE 5TH PETITIONER. EXT.P4: COPY OF THE MEMO DATED 03-02-2010 ISSUED BY THE PRINCIPAL TO THE 1ST PETITIONER. EXT.P5; COPY OF THE MEMO DTD 02-02-2010 ISSUED THE 2ND PETITIONER. EXT.P6; COPY OF THE MEMO DTD 19-03-2010. EXT.P7: COPY OF THE MEMO DTD 20-03-2010. EXT.P8: COPY OF THE MEMO DTD 19-03-2010 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. EXT.P9; COPY OF THE MEMO DTD 21-10-2009 ISSUED BY THE PRINCIPAL TO THE 6TH PETITIONER. EXT.P10; COPY OF THE NOTICE DTD 22-03-2010 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF THE HALL TICKET ISSUED BY THE 3RD RESPONDENT UNIVERSITY TO THE PETITIONER. EXT.P12: COPY OF THE REPRESENTATION DTD 06-05-2010. EXT.P13: COPY OF THE NOTICE DTD 04-2010 ISSUED BY THE 2ND RESPONDENT. EXT.P14: COPY OF THE REPRESENTATION DTD 23-06-2010 SUBMITTED BY THE PETITIONERS TO THE PRINCIPAL. RESPONDENTS' EXHIBITS EXT.R1(a); COPY OF THE LETTER DTD 26.4.2010 SENT BY THE CONTROLLER OF EXAMINATIONS. EXT.R1(b): COPY OF THE COVERING LETTER DATED 26.4.2010 SENT BY THE PRINCIPAL TO THE CONTROLLER OF EXAMINATIONS. WP(C).No. 21549 of 2010 EXT.R1(c): COPY OF THE STATEMENT RELATING TO THE ABSENCE OF THE 4TH PETITIONER. EXT.R1(d): COPY OF THE LETTER DATED 3.5.2010 ISSUED BY THE PRINCIPAL TO THE CONTROLLER OF EXAMINATIONS. EXT.R1(e): COPY OF THE BOND EXECUTED BY THE FIRST PETITIONER. EXT.R1(f): COPY OF THE LETTER DTD 3.5.2010 SENT BY THE UNIVERSITY TO THE PRINCIPAL. EXT.R1(g): COPY OF THE NOTICE DTD 5.52010 ISSUED BY THE PRINCIPAL EXT.R1(h): COPY OF THE REPLY DTD 19.6.2010 SENT BY THE UNIVERSITY. EXT.R1(I): COPY OF THE LETTER DTD 1.7.2010 SENT BY THE PRINCIPAL TO THE CONTROLLER OF EXAMINATIONS. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.21549 OF 2010 ------------------------------- Dated this the 29th day of July, 2010 J U D G M E N T The petitioners are the students of the first respondent College. On disciplinary grounds they were suspended. It appears that they had some shortage of attendance for writing the examination. The petitioners were not permitted to write the examination on 6.5.2010, although they had written the first paper on 3.5.2010, on the ground that the University had not condoned the shortage of attendance. But according to the petitioners, they came to understand that the application for condonation of shortage of attendance was not forwarded by the Principal. Therefore, the petitioners submitted a representation to the Vice Chancellor. The next semester classes started from 23.6.2010. Although the petitioners met the Principal and submitted a representation for permitting them to attend the next semester classes, in the light of the pendency of the application for condonation of shortage of attendance before the W.P.(c)No.21549/10 2 University, the Principal did not permit them to attend the classes. It is under the above circumstances, they have filed this writ petition seeking the following reliefs: “(I) call for the records leading to the issuance of Ext.P1 – P14 and (II) issue a writ of mandamus or any other writ order/direction directing the respondents 1 & 2 to send back the condonation application to the university without any further delay after taking necessary decision for condoning the shortage of attendance as that of other students whose condonation applications were positively considered. (III) Direct the respondents 1 to 3 to pass orders on the condonation applications of the petitioners which were returned by the University to the 1st respondent college for clarification by taking appropriate steps without any further delay. (IV) Direct the respondents 2,3 & 5 to permit the petitioners provisionally to attend the next semester classes which have already started from 23.06.2010 onwards without any further delay pending disposal of the Original Writ Petition”. 2. The University has taken the stand that the application for condonation of shortage of attendance received from the Principal was returned to the Principal, since it was not in order. A counter affidavit has been filed by the first respondent, wherein he has taken the stand that the application for condonation of shortage of attendance has been forwarded to the Controller of Examinations with all materials required for considering the same. According to the first respondent, all information required for the purpose are W.P.(c)No.21549/10 3 contained in Ext.R1(i) dated 1.7.2010 forwarded to the Controller of Examinations. 3. I have heard the parties. In so afar as the matter involves future of some students, despite their alleged misdoings, I think that all parties should take a lenient attitude towards them, in so far as the shortage of attendance is very low as seen from Ext.R1(i). In the above circumstances, the fifth respondent is directed to consider the request of the petitioners for condonation of shortage of attendance on the basis of Ext.R1 (i) considering the sentiments expressed by this court as above, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.21549/10 4 W.P.(c)No.21549/10 5