IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WA.No. 721 of 2009 ------------ -------------------- AGAINST THE JUDGEMENT IN WPC.8569/2009 Dated 18/03/2009 .................... APPELLANT/PETITIONER: ------------------------------------- INDUKALA CHANDRALAL C., CHIRATHARA, C.M.C -6, CHERTHALA, ALAPPUZHA. BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 2. PRINCIPAL, N.S.S. HINDU COLLEGE, CHANGANASSERI, KOTTYAM. R1 BY STANDING COUNSEL SRI.T.A.SHAJI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 721 of 2009 ------------------------------------------ Dated, this the 25th day of March, 2009 JUDGMENT Kurian Joseph, J. Petitioner is the appellant. She is aggrieved since she is not permitted to appear for the examination for want of sufficient attendance. The learned Single Judge dismissed the writ petition on the ground that the University cannot condone the delay beyond the permissible period of 20 days. Faced with such a situation, the submission of the learned counsel for the appellant is that in which case the appellant may be permitted to appear as a private candidate. It is brought to our notice that an application in that regard is pending. Leaned Standing Counsel for the University points out that the application is belated. But it is permissible for the petitioner to approach the Vice Chancellor for condonation of the delay in filing the application to appear as a private candidate by paying the required fine and super fine. W.A. No.721 of 2009 - 2 - 2. In that view of the matter, we dispose of the writ appeal with a direction to the first respondent to take a decision on the application, if any filed and pending, for permission to the appellant to appear as a private candidate by realizing the fine, super fine, etc. This shall be done within three days from the date of production of a copy of this judgment along with a copy of the memorandum of appeal. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns