IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2064 of 2009(U) ---------------------------------- PETITIONER(S): -------------------- KALADATH.K, MAHALALAYAM,VENGODU, PALAYAM KUNNU.P.O,VARKALA. BY ADV. SRI.S.SUDHEESHKAR SRI. K.SIJU RESPONDENT(S): --------------------- 1. UNIVERSITY OF KERALA,REP; BY ITS REGISTRAR,UNIVERSITY OF KERALA,UNIVERSITY BUILDINGS,THIRUVANANTHAPURAM-695034. 2. CONTROLLER OF EXAMINATIONS,UNIVERSITY OF KERALA, UNIVERSITY BUILDINGS, THIRUVANANTHAPURAM-695034. 3. PRINCIPAL, MSN INSTITUTE OF MANAGEMENT & TECHNOLOGY,MUDUNDAPURAM.P.O,CHAVARA, KOLLAM-691585. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2064 OF 2009 (U) ==================== Dated this the 22nd day of January, 2009 J U D G M E N T Petitioner completed MBA during the period 2003-05 from the 3rd respondent College, which is affiliated to the 1st respondent University. According to the petitioner, he failed in “quantitative methods for management”, the paper of the first semester. Petitioner submits that in terms of the regulations, a student is entitled to appear for four supplementary examinations. According to the petitioner, he has so far appeared in three examinations including two supplementary examinations, but despite that, on the allegation that he has already exhausted five chances, the University is not issuing hall tickets for the exam now scheduled to 24.1.2009. 2. On the other hand, instructions that the standing counsel for respondents 1 and 2 has got says otherwise. According to him, in terms of the regulations, a student, irrespective of the chances that he takes, is liable to successfully pass the exam within 5 years. It is stated that the petitioner was admitted under the 2000 scheme and that a new scheme has been introduced with effect from 2005. It is stated that the present exam which is to be held on 24.1.2009 is under the new scheme and that WPC 2064/09 :2 : if at all the petitioner is to appear, it has to be under the old scheme. 3. It is stated that several representations have been received by the University from similarly situated persons, requesting for giving them another chance to appear in the supplementary examination under the old scheme and that these representations have been forwarded to the Board of Studies and the Academic Council is awaiting for the recommendation of the Board of Studies. 4. From the submissions made by the standing counsel for the University, it is therefore obvious that the reason for not issuing hall tickets to the petitioner is not what he says, but due to the difference in the scheme. 5. Now that the matter is pending consideration of the Board of Studies and the Academic Council, I direct that the matter shall be decided by the Academic Council, as expeditiously as possible, at any rate in the next meeting of the Academic Council. On the basis of the decision so taken by the Academic Council, petitioner's claim made in Ext.P3 will also be considered. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp