IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 1723 of 2007(E) ------------------------- PETITIONER(S): ------------------ ANISH C.NAIR, S/O.CHANDRASEKHARAN NAIR, RESIDING AT CHANDRA BHAVAN, ARANMULA P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.SUKUMARA MENON SMT.DEEPTHI S.MENON RESPONDENT(S): ------------------- 1. THE PRINCIPAL, MOUNT ZION COLLEGE OF ENGINEERING, PATHANAMTHITTA DISTRICT. 2. THE VICE CHANCELLOR, M.G. UNIVERSITY, KOTTAYAM. ADV. SRI.T.S.JOHN FOR R1 SRI.M.S.RADHAKRISHNAN NAIR FOR R1 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1723/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE MEDICAL CERTIFICATE NO.1539 DT 22.8.03 OF THE MEDICAL OFFICER, PUSHPAGIRI MEDICAL COLLEGE ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF REPRESENTATION DT 18.4.06 OF THE PETITIONER SUBMITTED TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 1723 OF 2007 (E) ===================== Dated this the 9th day of October, 2009 J U D G M E N T None appears for the petitioner. 2. The prayer sought in this writ petition is to direct consideration of Ext.P2 and to permit the petitioner to appear in the Vth, VIth and VIIth Semester Examinations. 3. The petitioner was a student of B.Tech (Applied Electronics) under the 1st respondent. He submitted Ext.P2 application for condoning the deficiency in attendance. On the ground that the said application was pending, the writ petition was filed with the aforesaid prayers. 4. Both the University and the College have filed their counter affidavit. In the counter affidavit filed by the College, it is stated that the petitioner did not attend Vth, VIth and VIIth semesters and that since he had less than 65% attendance, the shortage of attendance cannot even be condoned. This stand is reiterated by the University also in the counter affidavit filed. Taking into account the above submissions, this Court also passed order on 29/8/2008 clarifying that the appearance of the WPC 1723/07 :2 : petitioner in pursuance to the interim order of 16/1/2007 would be subject to the other eligibility conditions regarding the registration for the examination. 5. If as stated by the University and the College, the petitioner's absence was beyond the condonable limits, there is no substance in the claim made by the petitioner in Ext.P2 application allegedly made by him for condonation of his absence. In view of the above, I do not find any merit in this writ petition. Writ petition will stand dismissed. ANTONY DOMINIC, JUDGE Rp