IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 29623 of 2007(B) -------------------------- PETITIONER: -------------- SHAHUL HAMEED,I, SHAHEENA MANZIL, T.C.13/705, VANCHIYOOR P.O., TRIVANDRUM - 35. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ----------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY REGISTRAR, TRIVANDRUM. 2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, TRIVANDRUM. 3. PRINCIPAL, GOVERNMENT LAW COLLEGE, TRIVANDRUM. BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.29623/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE HALL TICKET WITH REG.NO.2404 ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF THE TIME TABLE FOR THE II SEMESTER LLB EXAMINATION. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 1.3.2007 BEFORE THE UNIVERSITY SUBMITTED BY PETITIONER AND OTHERS. EXT.P4: TRUE COPY OF THE COMPLAINT ON 4.10.2007 BEFORE KERALA LOK AYUKTHA AGAINST THE ARBITRARY CONDUCT OF 3RD RESPONDENT SUBMITTED BY THE PETITIONER AND OTHERS. EXTS.OF R1 EXT.R1(a): TRUE COPY OF THE LETTER DATED 3.10.2007 SENT BY CONTROLELR OF EXAMINATIONS, UNIVERSITY OF KERALA TOT HE PRINCIPAL, GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM. EXT.R1(b): TRUE COPY OF LETTER DATED 23.10.2007 SENT BY PRINCIPAL, GOVERNMENT LAW COLLEGE, THIRUVANANTHAPURAM TO CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA. EXTS OF R3 EXT.R3(a): COPY OF REGULATIONS FOR LLM PROGRAMME UNDER SEMESTER PATTER IN THE LAW COLLEGS AFFILIATED TO THE UNIVERSITY. EXT.R3(b): COPY OF FORWARDING LETTER WITH THE LIST OF REGULAR CANDIDATES FORWARDED FROM THE COLLEGE TO THE CONTROLLER OF EXAMINATIONS. EXT.R3(c): COPY OF APPLICATION OF THE PETITIEORN TO THE INFORMATIONS OFFICER, GOVT.LAW COLLEGE, THIRUVANANTHAPURAM. EXT.R3(d): REPLY TO EXT.R3(c) TO THE PETITIONER FROM THE INFORMATION OFFICER, GOVT.LAW COLLEGE, THIRUVANANTHAPURAM. EXT.R3(e): COPY OF THE LETTER ISSUED TOT HE CONTROLLER OF EXAMS BY R3. EXT.R3(f): COPY OF THE LETTER DATED 3.10.07 ISSUED BY THE CONTROLLER OF EXAMINATIONS TO THE PRINCIPAL,GOVT.LAW COLLEGE, THIRUVANANTHAPURAM. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 29623 OF 2007 B ==================== Dated this the 14th day of February, 2008 J U D G M E N T This writ petition was filed by the petitioner praying for directing the respondents to allow him to write the rest of the second semester LLM Examination from 8/10/2007 and provide him opportunity to write the exam Paper IV- Legislative Process. It was his contention that when he went to write the exam on 4/10/2007 with Ext.P1 hall ticket, the 3rd respondent did not allow him to write the exam. According to him, no reasons were disclosed. It is on this allegation this writ petition was filed. By the interim order passed on 5/10/2007, petitioner was permitted to write the rest of the examinations from 8/10/2007. 2. The 3rd respondent Principal of the Trivandrum Government Law College has filed a counter affidavit. There are two reasons stated to justify his action. One is that the petitioner did not submit his project and that it was only after a long period, WPC 29623/07 :2 : petitioner submitted his project. It is stated that although he was instructed to obtain permission from the University by paying the fine, he did not do so. Yet another reason stated is that the petitioner was short of required percentage of attendance. According to the Principal, it was overlooking these aspects that hall ticket was issued. 3. In the light of the objections that are now pointed out by the Principal, going by the Regulations, 3rd respondent cannot be said to have acted illegally in denying opportunity to the petitioner to write the exam. But, however, from the facts itself, it is evident that this is a matter on which the University can take a decision and if a favourable decision is taken, the examination attended by the petitioner can be regularised. 4. Therefore, I dispose of this writ petition directing that the petitioner shall make an appropriate representation to the 1st respondent University, in which case the Syndicate or such other authority of the 1st respondent shall consider the representation of the petitioner and take a decision as to whether the project submitted by the petitioner can be accepted and whether the WPC 29623/07 :3 : shortage in attendance can be condoned. Depending upon the decision to be taken by the 1st respondent on the representation to be submitted by the petitioner, the result of the examinations undergone by the petitioner be declared. If the petitioner makes a representation within one week from today, the same will be considered and orders will be passed thereon within six weeks thereafter. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp