IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 30371 of 2009(N) -------------------------------------- PETITIONER: ------------------- JEETHU VIJAYAN,S/O.K.VIJAYAN, SREEVILAS,NEAR VISHNU-SIVA TEMPLE,MARIAPPALLY(PO), KOTTAYAM-23. BY ADV. MR.C.E.UNNIKRISHNAN. RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY,REPRESENTED BY ITS REGISTRAR,KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATHMA GANDHI UNIVERSITY,KOTTAYAM. *ADDITIONAL R.3. IMPLEADED: 3. THE PRINCIPAL, RAJAGIRI SCHOOL OF MANAGEMENT, RAJAGIRI VALLEY, KAKKANAD. *IS IMPLEADED AS PER ORDER DTD. 29/10/09 IN I.A. NO. 13494/09. R1 & R2 BY MR. T.A. SHAJI, S.C, ADDL.R3 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, MR. TONY GEORGE KANNANTHANAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30371/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 18/09/09 IN W.P.(C).26330/2009. EXT.P.2: COPY OF THE APPLICATION DTD. 24/10/09. EXT.P.3: COPY OF THE INTERIM ORDER DTD 29/10/09. EXT.P.4: COPY OF THE MEMO ISSUED BY THE R.2. WITH REF. NO. EJ I/1/5508 DTD. 13/11/09. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30371 OF 2009 -------------------------- Dated this the 7th day of December, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. In view of the admitted fact that after revaluation the petitioner has passed the paper “Production Engineering”. I am of the opinion that the petitioner should be deemed to have passed the examination when the results were initially published in August 2009. It has therefore to be necessarily held that the petitioner's admission for the MBA course in Rajagiri School of Social Sciences is perfectly in order. I accordingly dispose of this writ petition with the following directions: (i) The admission of the petitioner for the MBA course in Rajagiri School of Social Sciences shall be treated as regular and the inclusion of his name in the list of candidates admitted for the MBA course in the Rajagiri School of Social Sciences forwarded to the Mahatma Gandhi University, shall be treated as regular. (ii) The Principal, Rajagiri School of Social Sciences shall forward the certificates produced by the petitioner to the University along with the application for registration of the petitioner for the first W.P.(C) No. 30371/09 2 semester MBA degree examination expeditiously and in any event within 10 days from today. The University shall accept the application and register the petitioner as a candidate, on the petitioner paying the fee, the late fee or fine, if any, and also make arrangements to enable him to appear for the examination, if he is otherwise eligible for such appearance. (iii) The petitioner shall furnish the necessary certificates to the Principal, Rajagiri School of Social Sciences within one week from today in order to enable the Principal to comply with the directions issued above. (iv) The University shall also make arrangements to issue a revised mark list to the petitioner. P.N.RAVINDRAN, JUDGE vps