IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 31135 of 2009(J) -------------------------- PETITIONER(S): ---------------------- GOVIND VISHNU A., 7TH SEMESTER B-TECH BIOTECHNOLOGY AND BIOCHEMICAL ENGINEERING STUDENT, SREE CHITHRA THIRUNAL COLLEGE OF ENGINEERING, PAPPANAMCODE, THIRUVANANTHAPURAM-695 018, RESIDING AT KOVILAKAM, CHAVARA P.O., KOLLAM. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SMT.LEENA MURALI RESPONDENT(S): ------------------------ 1. THE UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM. 2. THE VICE-CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, SREE CHITRA TRIBUNAL COLLEGE OF ENGINEERING, PAPPANAMCODE, THIRUVANANTHAPURAM-695 018. ADV. SRI.M.RAJAGOPALAN NAIR, SC FOR R1 TO R3 SRI.ELVIN PETER P.J. FOR R4 SMT.POOJA SURENDRAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31135 of 2009 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the registration details of the petitioner for the 7th semester B-Tech Degree Examination in November, 2009 downloaded from the website of the University. Ext.P2 :- Copy of the time table for the 7th Semester B-Tech Degree Examination November-December, 2009. Ext.P3 :- Copy of the application dated 29.10.2009 submitted by the petitioner for condonation of shortage of attendance. Ext.P4 :- Copy of the medical certificate dated 23.10.2009. Ext.P5 :- Copy of the receipt issued by the University towards payment of fee for condonation. Ext.P6 :- Copy of the letter No.20-Uty/A3/2009/SCTE dated 29.10.2009 submitted by the 4th respondent before the 3rd respondent. Ext.P7 :- Copy of the course and conduct certificate dated 1.6.2010 issued by the 4th respondent to the petitioner. Ext.P8 :- Copy of the Order No.EF II/4/4264/08-09 dated 16.11.2009 issued by the 3rd respondent to the 4th respondent. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.31135 of 2009 ----------------------------------- Dated this the 7th day of October 2010 J U D G M E N T Amendment allowed. Petitioner is a B.Tech student in the 4th respondent college. In this writ petition what is under challenge is Ext.P8. 2. While undergoing the course in the 7th semester, petitioner had attendance shortage of 9 days from the minimum required 75%. He submitted Ext.P3 application for condonation enclosing Ext.P4 medical certificate. In this writ petition, what he initially sought was a direction to consider his application. The application is now rejected by Ext.P8 order and the reason stated is that the candidate had already availed condonation twice during the course and therefore, no more condonation is permissible. W.P.(C) No.31135 of 2009 -: 2 :- 3. In my view the reason stated in Ext.P8 is unassailable for the reason that the provisions of the Examination Manual framed by the University does not support the claim made by the petitioner. On the other hand, the provisions dealing with condonation of shortage of attendance incorporated in the Examination Manual framed by the University specifically provide that condonation of shortage of attendance shall not be granted for more than one academic year for any course of study or for shortage exceeding 20 days in an academic year. Thus, condonation can be claimed by student only once in his entire course. It is the admitted case of the petitioner that during the 3rd and 4th semester he has already availed the benefit of condonation of shortage of attendance. Therefore, it was impermissible for the petitioner to seek condonation once again during the course of study. 4. It is the contention of the counsel for the petitioner that in the absence of any such restriction either W.P.(C) No.31135 of 2009 -: 3 :- in the Kerala University Act or Ordinance, it is impermissible for the respondents to decline condonation on the ground mentioned in the Examination Manual. However, as rightly pointed out by the learned Standing Counsel for the University, the First Ordinance of the University (Chapter VII therein) authorized the University to frame rules for the conduct of examination. It is exercising such powers that the Syndicate has framed the Examination Manual which provides limitations on the power of the University to condone the shortage of attendance. Therefore, by making provision in the Examination Manual the Syndicate has imposed restrictions on the extent upto which shortage of attendance can be condoned. In that view of the matter, on merits, the claim of the petitioner has to be rejected and I do so. 5. By virtue of the interim order passed by this Court, petitioner has undergone the course in the 8th semester and has also appeared the examinations. W.P.(C) No.31135 of 2009 -: 4 :- Although I have negatived the claim of the petitioner for condonation of shortage of attendance for the 7th semester it is made clear that this Court did not deal with petitioner's contention that is entitled to get credit for 8th semester course undergone and the examinations appeared by him. These are matters for the petitioner to claim before the appropriate authority. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt