IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32346 of 2011(P) -------------------------- PETITIONER(S): --------------- HALEEM.K.T., AGED 22 YEARS, S/O.HAMZA K.T., II BHMS (BACHELOR OF HOMOEOPATHIC MEDICINES AND SURGERY) STUDENT, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA P.O., ERNAKULAM-682 312. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.K.S.SANGEETHA RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, ATHIRAMPUZHA P.O., KOTTAYAM-686 562. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM-686 562. 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O., KOTTAYAM-686 562. 4. PRINCIPAL, DR.PADIAR MEMORIAL HOMOEOPATHIC MEDICAL COLLEGE, CHOTTANIKKARA P.O., ERNAKULAM-682 562. SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32346/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 A TRUE COPY OF THE MEMO ISSUED BY THE 3RD RESPONDENT DATED 2.2.2011. EXT.P2 A TRUE COPY OF THE REVISED MARK LIST DATED 2.2.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4 A TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT ADDRSSED TO THE 4TH RESPONDENT PRINCIPAL DATED 17.11.2011. EXT.P5 A TRUE COPY OF A MEMO DATED 22.2.2008 OF THE 3RD RESPONDENT CONDONING SHORTAGE OF ATTENDANCE IN RESPECT OF CERTAIN STUDENTS IN II BHMS COURSE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32346 OF 2011 ===================== Dated this the 6th day of December, 2011 J U D G M E N T Petitioner is presently a 2nd year BHMS student. In the first year examination, he failed in the subject Organon of Medicine. He applied for revaluation and passed the examination. However, until his revaluation results were declared, he could not attend the second year classes, as a result, the petitioner is having shortage of attendance and his request for condonation of the attendance has been rejected by Ext.P4 order of the University on the ground that the shortage is beyond the condonable limits. It is challenging Ext.P4 and seeking a direction to the respondents to permit him to appear for the second year examination, the writ petition is filed. 2. As already seen, it was on account of the fact that the petitioner failed in the aforesaid subject that he could not attend the second year classes. As per the regulations framed by the University, only those students who have passed first year examination could have continued the studies in the second year. In such circumstances, petitioner could not have been permitted WPC No.32346/11 :2 : to attend the classes before the declaration of the revaluation results. In the process, since there was shortage of attendance as above, which is also beyond the condonable limits, the stand taken by the University in Ext.P4 cannot be said to be illegal. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp