IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5648 of 2009(A) ------------------------- PETITIONER(S): --------------- 1. PRATHEESH KRISHNA A.K., AGED 20 YEARS, S/O.A.KUMARA PILLAI, ANASWARA, CHENANPARA, VITHURA PO., PIN-695551. 2. PREMCHAND B.R., 20 YEARS, RAMACHANDRAN NAIR, KRISHNA VILASAM, MUKKUNADA, NARUVAMOODU PO., PIN-695020. 3. SANJITH.J., 20 YEARS, S/O.B.JAYACHANDRAN NAIR, RENJITH BHAVAN, BURMA ROAD, KUMARAPURAM, MEDICAL COLLEGE PO., PIN-695014. 4. AJAY MOHAN.M., 21 YEARS, S/O.MOHANAN NAIR.A., AMBADI, KARIYAM PAWDIKONAM PO., THIRUVANANTHAPURAM. 5. SREERAJ.M., 21 YEARS S/O.MANIKANDAN NAIR, USHA BHAVAN, VELIYANNOOR PO., VELLANAD, THIRUVANANTHAPURAM. 6. RENJITH.R.J., 21 YEARS, N.RAMAKRISHNAN, ARAMAM, KOITHOORKONAM PO., POTHANCODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.ANEISH RAVINDRA RESPONDENT(S): --------------- 1. VICE CHANCELLOR, KERALA UNIVERSITY, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM. 2. CONTROLLER OF EXAMINATIONS UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM-695034. 3. PRINCIPAL , MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM. SC FOR KERALA UNIVERSITY SRI. M. RAJAGOPALAN NAIR.A SC FOR R3 SRI. T.A. SHAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, ALONG WITH WPC NO. 5723 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).Nos.5648 & 5723 OF 2009 ------------------------ Dated this the 24th day of February, 2009. JUDGMENT Petitioners in these writ petitions are the students of M.G College, Thiruvananthapuram, the Principal of which is the 3rd respondent. Admittedly, the petitioners are short of attendance and unless the same is condoned they will not be eligible to appear for the University examination. It is in these circumstances writ petitions are filed praying for a direction to the first respondent to condone their shortage of attendance. 2. The standing counsel appearing for the University submits that the procedure laid down for condonation of shortage of attendance is that the students should make applications to the Principal of the college concerned. It is stated that there upon the Principal has to forward the applications to the University with his recommendations and it is for the Syndicate of the University to consider the WP(c).No.5648/09 2 application in the light of the recommendation and pass orders. 3. Admittedly, in these writ petitions the petitioners have not applied to the Principal of their college and it is only he can forward the applications to the University with his recommendations, on the basis of which the Syndicate has to take a decision. In view of this, the writ petitions are disposed of with a direction that it will be open to the petitioners to apply to the Principal of their college for condonation of their shortage in attendance, in which case it is directed the Principal shall consider the applications and forward the same with his recommendation to the University for placing it before the Sybdicate. It is directed that if applications are made as above, the Principal shall forward the same to the University within one week of its receipt. Petitioners shall produce copy of this judgment before the Principal of the college for compliance. vi (ANTONY DOMINIC) JUDGE WP(c).No.5648/09 3 WP(c).No.5648/09 4