IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 5182 of 2009(P) --------------------------------- PETITIONER(S): ------------------ 1. D/.V.HARILAL, 25YEARS, S/O.K.K.DAMODARAN, 111, NEW CUSTOMS QUARTERS, WILLINGDON ISLAND, KOCHI. 2. JEBY JACOB, 23 YEARS, S/O.K.V.JACOB,KALLIDUKKAL HOUSE, PAMPAKKUDA PO., MUVATTUPUZHA. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): ------------------- 1. MAHATMA GANDHI UNIVERSITY ATHIRAMPUZHA, KOTTAYAM, REP. BY ITS VICE CHANCELLOR. 2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 3. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM. 4. PRINCIPAL, BHARATA MATA COLLEGE THRIKKAKKARA PO., KOCHI-682021. SRI.T.A.SHAJI, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5182 OF 2009 (P) ==================== Dated this the 5th day of March, 2009 J U D G M E N T Petitioners were students of the 4th respondent College, in the MBA course 2006 batch. It is stated that in the IIIrd paper of the 1st Semester MBA examination held in 2007 February, petitioners failed and they had appeared along with their junior batch. It is stated that the IIIrd paper has only internal marks, and that, the College omitted to forward the marks of the petitioners to the University. Consequently, the result of the petitioners have not been declared by the University. 2. Petitioners submit that realising the mistake committed by the College, by Ext.P3, the College has forwarded the marks of the petitioners confessing the mistake committed by them. It is stated that even after receipt of Ext.P3, the University has not declared the results of the petitioners so far. It is with that grievance, the writ petition is filed. 3. Standing counsel appearing for the respondents 1 to 3 confirms the receipt of Ext.P3 and that the same is pending before the Vice Chancellor of the University. 4. A reading of the pleadings would show that it was on account of the mistake committed by the College authorities that the University WPC 5182/09 :2 : could not declare the results of the petitioners due to non availability of internal marks. But however, having regard to the fact that the mistake of the college authorities could not cause any prejudice to the students, taking this into account, it is a matter for the University to finally decide. 5. Now that the issue is pending consideration of the 2nd respondent, I direct that on the production of a copy of this judgment along with a copy of this writ petition, the 2nd respondent shall take a decision in the matter. This shall be done, as expeditiously as possible, at any rate within 2 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp