IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 6273 of 2011(H) ------------------------- PETITIONERS: --------------- 1. BABU.T.K, S/O.KUNJUNNI, THEKKATHVALAPPIL HOUSE, KARIKKAD P.O., THRISSUR DISTRICT, PIN-680 519. 2. PREETHA.B, D/O.BHARGAVAN, KONGAPPALLIL HOUSE, PANANGAD P.O., KOCHI-682 506. 3. ROOPESH.N.R, S/O.RAGHUVARAN, NJARUKKATTU HOUSE, PANANGAD P.O., KOCHI-682 506. 4. GIJO.K.T, S/O.K.A.THOMAS, KANNAMPILLY HOUSE, AZHAKOM P.O., ERNAKULAM DISTRICT, PIN-683 577. 5. RAJESH.K.S, S/O.SIVASANKARAN, KATTUKUDIYIL HOUSE, ERANALLUR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 673. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM DISTRICT, PIN-686 560. 2. MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM DISTRICT, PIN-686 560, REPRESENTED BY ITS REGISTRAR. 3. THE GOVERNMENT LAW COLLEGE, ERNAKULAM, KOCHI-682 011, REPRESENTED BY ITS PRINCIPAL. ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.6273 OF 2011 -------------------------------- Dated this the 10th day of March 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or any other appropriate writ order or direction, directing respondents to permit the petitioners to redo their concerned subjects of semesters I to VI before registering 10th semester examination for acquiring B.A.L degree. ii) Issue a writ of certiorari or any other appropriate writ order or direction, calling for the originals of Ext.P1 order and quash the conditions imposed in it in not redo the concerned subjects without registering 10th semester examination. iii) Issue such other reliefs which may deem fit and proper on the facts and circumstances of the case. iv) Allow this Writ Petition with costs. 2. The 1st and 2nd respondents have submitted a counter affidavit with regard to the averments raised in the Writ Petition, paragraph 4 of which reads as follows: “It is submitted that as per clause 11(A) of regulation scheme and syllabus of LLB 5 year semester system, “No candidate will be permitted to register for the 10th semester LLB (5 year course) examination unless the candidate has passed all papers of I, II, III, IV, V, IV semester LLB (B.A.L) examinations on the date of application The candidate should submit the B.A.L degree mark lists in W.P.(C) No.6273/2011 - 2 - original along with the application for registration of 10th semester LLB(5 year course) examination”.” 3. It is also brought to the notice of this Court that as per the university order bearing No.AC.AIV/3/558/CC/LLB/2003, dated 28th June 2003, which is produced as Ext.R1(a), the chance to redo the internal assessment of the papers of the LLB (semester system) is as follows: “ Chance to redo internal assessment of any paper of LLB (semester system) Students from 5th to 10th semesters of five year LLB and students of 1st to VIth semesters of three year LLB who failed to secure 6 marks or above and the students of 1st to 4th semesters of five year LLB who failed to score 3 marks or above for the internals may be permitted to rejoin for the purpose of re-assessment of internal assessment to the semester in which the paper, the student wishes to redo is included, only after the completion of the LLB course. Such a chance to redo is available only once. The student should avail this facility within a period of one academic year after the completion of the course”. 4. After hearing both the sides, this Court finds that the contents of the above paragraph do not reconcile with the other stipulations whereby the candidate is required to have a pass in all the semesters (I to VI) for appearing in the Xth semester LLB. W.P.(C) No.6273/2011 - 3 - 5. In the said circumstances, there will be a direction to the respondents to permit the petitioners to redo the concerned subjects in semesters I to VI before registering for Xth semester LLB. This shall be done as expeditiously as possible. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE