IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 12787 of 2009(P) -------------------------------------- PETITIONER(S): -------------------- SANTHOSH KUMAR, S/O.RAMDEO SINGH, AGED 29 YEARS, RESIDING AT C/O.ABDULLA.M.K., MANAKKATTU HOUSE, HIDAYATH NAGAR, HMT COLONY P.O., KALAMASSERY, PIN-683 503. BY ADV. MR.P.A.ABDUL JABBAR MR.A.S.ANILKUMAR (VANCHIMALA) RESPONDENT(S): ------------------------ 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, THRIKKAKARA, COCHIN UNIVERSITY P.O., KOCHI-22 REPRESENTED BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, THRIKKAKARA, COCHIN UNIVERSITY P.O., KOCHI-22. 3. THE PRINCIPAL, SCHOOL OF ENGINEERING, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, THRIKKAKARA, COCHIN UNIVERSITY P.O., KOCHI-22. R1 TO R3 BY ADV. MR.SURIN GEORGE IPE, SC, COCHIN UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12787/2009-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DISCHARGE SUMMARY ISSUED FROM NAIR'S HOSPITAL. EXT.P2: COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE CO-OPERATIVE MEDICAL COLLEGE KOCHI. EXT.P3: COPY OF THE ORDER FOR RE-ADMISSION ISSUED BY 3RD RESPONDENT. EXT.P4: COPY OF THE MARK LIST OF THE PETITIONER. EXT.P5: COPY OF THE PROVISIONAL CERTIFICATE ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE B-TECH (ENGINEERING)REGULATIONS 2000. EXT.P7: COPY OF THE CHART SHOWING DATE OF EXAMINATION AND RESULTS. EXT.P8: COPP COURSE AND CONDUCT CERTIFICATE NO.3308. EXT.P9: COPY OF THE NOTIFICATION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC,J. --------------------- W.P.(C).No.12787 OF 2009 ------------------------ Dated this the 18th day of September, 2009. JUDGMENT Petitioner was admitted for B.Tech course at the first respondent University in the year 2002-03. Due to certain ailments as disclosed in Exts.P1 and P2 medical reports, petitioner had to discontinue the studies while undergoing the 6th semester course. Subsequently he was readmitted as per Ext.P3 along with 2003-04 batch. He continued the studies and completed the entire 8 semester and passed the examination held in September, 2008. He secured 70% marks as is seen in Ext.P4 marks lit. However, when Ext.P5 degree certificate was issued, he was given only 2nd class and it was there upon that he approached this court. 2. According to the University a candidate should have qualified for degree by passing all subjects within the duration of six years. It is stated that by the time petitioner passed the examination he had exceeded the 6 year period. Therefore he WP(c).No.12787/09 2 cannot be awarded Ist class and can be awarded only 2nd class. 3. Although, going by the regulations, the University cannot be faulted, the facts remains that it was for reasons which are totally beyond the control of the petitioner that, despite the fact that all students securing 60% and above are entitled to first class, even after securing 70% he had to be contented with a 2nd class. This certainly needs a sympathetic consideration at the hands of the Academic council of the University. Therefore, I dispose of this writ petition, with liberty to file appropriate application, producing Exts.P1 and P2 medical reports and requesting for reconsideration of the matter. It is directed that if a representation in this behalf is received, the Academic Council shall consider the same with sympathy that it deserves, and with due expedition. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.12787/09 3