IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9983 of 2009(P) ------------------------- PETITIONER(S): ------------------- ARUN.B CHANDRAN, AGED 19, S/O. BALACHANDRAN PILAI, SRI GAURI KRIPA, AN-4, ANAND NAGAR, NEERAMANKARA, KAIMANAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------- 1. THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, MAHATHMA GANDHI COLLEGE, THIRUVANANTHAPURAM. SRI.RAJAGOPALAN NAIR, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 9983 OF 2009 (P) ===================== Dated this the 27th day of March, 2009 J U D G M E N T Petitioner submits that he is a B.A.(Economics) student of the 2nd respondent College. According to the petitioner, he has participated in several competitions representing the College and as a result of which he could not attend the classes on all those days. It is stated that he was promised that his absence will be treated as leave on duty, which will be counted for attendance purposes. 2. It is stated that second year examination is to commence on the 3rd of April, 2009, but however, the respondents have not entertained his application on the ground of shortage of attendance. It is in these circumstances, the writ petition has been filed praying that the College shall be directed to accept his application and do the needful in order to enable the petitioner to appear for the examination, which is to commence on the 3rd April, 2009. 3. Standing counsel for the respondent University submits that in view of the admitted position that the petitioner lacks WPC 9983/09 :2 : attendance, the course open to the petitioner is to make the prescribed application to the Principal and that the application should reach the Vice Chancellor with the recommendations of the Principal. According to him, only in such case the request can be considered. It is stated that if the application is so received without any delay, the Vice Chancellor will consider the application exercising the delegated powers of the Syndicate of the University and orders will be passed, at any rate before the examination commences. 4. Taking into account the submissions made as above, it is directed that it will be open to the petitioner to submit the prescribed application to the 2nd respondent, who shall forthwith forward the application to the Vice Chancellor with his recommendations. It is also directed that along with the application, it will be open to the petitioner to resubmit Ext.P4 application for examination, curing the defects pointed out in Ext.P6, which will also be forwarded by the Principal to the Vice Chancellor. On receipt of the above applications, the Vice Chancellor shall consider the same and immediately pass orders on the application for condonation of attendance shortage, which shall at any rate be done sufficiently WPC 9983/09 :3 : earlier to the commencement of the examinations. Petitioner may produce a copy of this judgment before the respondents for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp