IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 34521 of 2008(I) -------------------------- PETITIONER(S): --------------- BIJU THOMAS, AGED 34, S/O. K.J. THOMAS, KATTAPPURATH NEELATHIL, MEPRAI P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT(S): --------------- 1. THE MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, REP. BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA, KOTTAYAM, ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.34521 OF 2008 ------------------------ Dated this the 14th day of January, 2009. JUDGMENT Petitioner was a student of B.Sc (Electronics) under the respondent University during the period 1996-99. In terms of the regulations the petitioner should have passed all subjects in the examination held, within 5 years which expired in 2001. However, the petitioner had discontinued the studies since 2001 and did not avail of the last mercy chance that was given by the University some time in 2007. 2. Subsequently, the petitioner submitted Ext.P1 representation to the University requesting to conduct an examination under the old scheme so that he can appear for the same. That was rejected by the University as per Ext.P3 and it is challenging Ext.P3 the writ petition is filed. 3. Going by the regulation of the University the students should pass all examinations within a period of 5 WP(c).NO.34521/08 /2/ years from the commencement of the course. This period, so for as the petitioner is concerned, expired in 2001. If that be so, the University cannot be faulted for the decision that it has taken in Ext.P3. 4. Counsel for the petitioner submits that petitioner is willing to appear under the new scheme for the 2nd and 4th semester supplementary examinations. This is a matter for the University to consider. 5. Therefore, I direct that it will be open to the petitioner to file a proper representation before the 3rd respondent, in which case the 3rd respondent shall consider the same and pass appropriate orders thereon. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WP(c).NO.34521/08 /2/