IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9023 of 2009(W) ------------------------- PETITIONER(S): --------------- ANN ROZARIO,D/O.FRANCIS P.ROZARIO, AGED 23 YEARS,PAKICKAL KIZHAKKETHIL HOUSE, KURIPUZHA P.O.,PERINAD,QUILON, NOW RESIDING AT POTTEKKATTIL HOUSE, AMBADIMALA,THIRUVANKULAM P.O.,ERNAKULAM. BY ADV. SRI.P.J.JOSEPH PANIKKASSERY RESPONDENT(S): --------------- 1. MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O.,KOTTAYAM, REP.BY ITS REGISTRAR. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA P.O.,KOTTAYAM. 3. PRINCIPAL,ST.THERESAS COLLEGE, ERNAKULAM. SC SRI. T.A. SHAJI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON 20/03/2009 DELIVERED THE FOLLOWING: Ext.P1. Photocopy of the order dated 13.10.2008. Ext.P2. Photocopy of the certificate dated 2.4.2007 to the petitioner. Ext.P3. Photocopy of the condonation application dated 6.3.2009. Ext.P4. Photocopy of the application dated 17.3.2009. Ext.P5. Photocopy of the application dated 17.3.2009 addressing to Vice Chancellor. // true copy // P.A to Judge. ANTONY DOMINIC, J. ================ W.P.(C) NO. 9023 OF 2009 (W) ===================== Dated this the 23rd day of March, 2009 J U D G M E N T Heard the counsel for the petitioner and the Standing counsel for the University. 2. Petitioner had graduated in B.A. Literature from the respondent University. According to the petitioner, thereafter she joined a college in Dindigal in Tamil Nadu, but however had to discontinue the course due to ailments. Thereupon, she obtained Ext.P1 no objection from the University and on that basis got admission and joined the 3rd respondent College on 14/10/2008 for M.A. English. Petitioner's own pleadings show that even thereafter due to sickness, she had to be absent on 11 days and as at present she has shortage of 37 days attendance. 3. She applied for condonation of the shortage and according to the petitioner, on being told that only the Syndicate has power to condone the shortage of attendance, she submitted Ext.P5 application. It is stated that the Syndicate of the University meeting is in April, 2009 and the examination is to commence on 25.3.2009. It is therefore that the writ petition is filed praying that pending decision by the Syndicate, she be WPC N0.9023/09 2 allowed to appear for the examinations. 4. Standing counsel for the University points out that power of the Syndicate is exercised by the Vice Chancellor. According to him, going by the Regulations framed by the University, maximum condonable shortage is that of 10 days in respect of semester courses and that even if 10 days condonation is allowed, still the petitioner will not make up 75% attendance, the minimum prescribed. 5. Counsel for the petitioner submits that pursuance to Ext.P1, she joined the course, 26 days after its commencement. It is stated that thereafter due to sickness she was absent for another 11 days. According to the counsel, if the 75% minimum attendance requirement is counted reckoning it from the date of her joining for the course, even though the petitioner was absent for 11 days, still the petitioner has 82.9% attendance. It is stated that the attendance has to be reckoned on the aforesaid basis and not from the date of commencement of the course. Counsel for the petitioner also place reliance on the judgment of this court in Mayalakshmi V. University of Kerala & ors. (ILR 1992(1) Kerala 91. WPC N0.9023/09 3 6. As already pointed out by the counsel for the University, the minimum required attendance is 75% and the maximum condonation that is possible is only for 10 days. In this case, if as stated by the petitioner her eligibility is reckoned from the date of her joining the course, she will satisfy the minimum prescribed attendance. However, on the other hand if it is reckoned from the date of commencement of the course itself, the petitioner will be ineligible, even if the ten days condonation is allowed, for the reason that the total number of working days will be 90. 7. Taking into account the above facts, I feel the petitioner deserves an order directing that Exts.P4 and P5 representations made by the petitioner to the Vice Chancellor should be considered and pending consideration of Ext.P4 and P5, the petitioner should be permitted to appear for the examination which is to commence on 25th of this month. 8. Accordingly, the writ petition is disposed of directing the first respondent to consider and pass orders on Exts.P4 and P5. This shall be done as expeditiously as possible. In the meanwhile it is also directed that the petitioner will be permitted to appear for the examination which is to commence on 25th of this month. WPC N0.9023/09 4 It is clarified that her appearance in the examination will be purely provisional and results will be declared only depending upon the decision that is taken by the University on Exts.P4 and P5. Petitioner shall produce a copy of the judgment before the 3rd respondent for compliance. vi ANTONY DOMINIC, JUDGE