IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1661 of 2008(W) ------------------------- PETITIONER: ------------ SREEJITH S.S., S/O SRIKUMAR K., AGED 24 YEARS, MUNPALA, MARANGADU P.O., ARYANADU, THIRUVANANTHAPURAM. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: ------------- 1. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, THENJIPPALAM P.O., MALAPPURAM. 2. THE PRINCIPAL, GOVT. LAW COLLEGE, AYYANTHOLDE, THISSUR. R1 BY STANDING COUNSEL SRI P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1661 of 2008 ------------------------------------- Dated: January 15, 2008 JUDGMENT Petitioner is a 6th semester law student. It is stated that due to sickness he had shortage of attendance and hence the petitioner submitted Ext.P2 application for condonation of his absence. Ext.P2 is dated 10.1.2008. According to the petitioner it was not accepted by the principal and as the examinations are now scheduled to take place from 21.1.2008, this writ petition has been filed by him for directing the respondents to accept the application and permit the petitioner to attend the 6th semester examination which was originally scheduled to be held on 16.1.2008 and now scheduled to commence on 21.1.2008. 2. The standing counsel for the university submits that the university has not so far received any application from the petitioner for appearing for the examination or for condonation of his absence, duly recommended by the principal of the college. It is also submitted that the petitioner has not remitted the fee for either of these purposes. 3. The answer of the petitioner to this valid objection raised WP(C) 1661/2008 Page numbers by the University is that he was under the bona fide impression that Ext.P2 application will be accepted by the principal and assured that once the application is accepted, thereafter he could make the application for appearing in the 6th semester examintion. 4. The fact remains that the petitioner is a 6th semester student of the law college. If that be so, the person who is in short of the required days of attendance is to make an application for condonation to the principal and it is only with his recommendation, the application should reach the university. Then only the university will consider the application and pass appropriate orders thereon. Petitioner contends that it was in view of this that he attempted to serve Ext.P2 to the principal and that it was refused to be accepted. Since the power to condone absence is with the university, irrespective whether it will condone or not, the principal ought to have accepted the application and forwarded the same to the 1st respondent. However, this has not been done in this case. 5. Therefore, Ext.P2 application of the petitioner along with the required fine and fee, if any payable, will be accepted by the principal and forwarded to the 1st respondent with his recommendations. Since it is already late, the petitioner shall WP(C) 1661/2008 Page numbers submit his application on 16.1.2008 itself and on receipt thereof the 2nd respondent shall forward the same along with his recommendations to the 1st respondent immediately thereafter. Simultaneously the petitioner will also make his application for appearance in the 6th semester examination which also will be accompanied by the fine, super fine etc. which will also be considered by the 1st respondent. 6. Since the examination is to commence on 21.1.2008, I direct that if final orders are not passed on the applications to be submitted by the petitioner as directed above, the petitioner will be permitted to appear for the examination on a provisional basis and subject to the orders to be passed by the 1st respondent on the applications referred to above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Issue carbon copy today itself. mt/-