IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 18061 of 2011(G) -------------------------- PETITIONER(S): --------------- SMITHA NEWTON, NEENU HOUSE, VALIYAVELI P.O., ATIPRA VILLAGE, THIRUVANANTHAPURAM-695 021. BY ADV. SRI.M.RAJASEKHARAN NAYAR SMT.K.N.RAJANI RESPONDENT(S): --------------- 1. VICE-CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-695 034. 2. CONTROLLER OF EXAMINATIONS, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM- 695 034. 3. UNIVERSITY OF KERALA, REPRESENTED BY THE REGISTRAR, THIRUVANANTHAPURAM-695 034. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18061 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED TO THE PETITIONER BY ST.XAVIER'S COLLEGE, THUMBA DATED 22.8.08 EXT.P2- TRUE COPY OF THE CASH RECEIPT ISSUED TO THE PETITIONER DATED 22.9.08 EXT.P3- TRUE COPY OF THE PROVISIONAL HALL TICKET ISSUED TO THE PETITIONER EXT.P4- TRUE COPY OF THE LETTER NOED XII/2011 BY the 1ST RESPONDENT DATED 22.6.11 (True copy) P.A. To Judge ANTONY DOMINIC, J .............................................. W.P.(C).18061/2011 .............................................. Dated this the 18th day of August, 2011 JUDGMENT Petitioner was a B.Com student in the St.Xavier's College, Thumba, affiliated to the third respondent, University. 2. She completed the 1st and 2nd year Course and passed the examination as well. While studying in the 3rd year, on account of her marriage and pregnancy she could not appear for the examination in spite of having completed the course. Ext.P1 is the transfer certificate issued by the College, which is duly signed by the Principal and it is stated in the certificate that the petitioner had completed her course. 3. Subsequently on account of the change of syllabus, University published a notification stating that they are giving a mercy chance to all the students to appear for examination under previous syllabus on payment of amounts specified by the University. Petitioner made an application for the examination which was held in October, 2010 and Ext.P3 is the hall ticket. W.P.(C).18061/11 2 4. When results were declared, petitioner's results were not declared despite having passed in all subjects. She was issued Ext.P4 stating that the Final Year B.Com Degree Examination taken by her in September 2010 with register No.5123, is cancelled, since she had not registered for the Final Year Regular B.Com Degree Examination held in April, 2006. 5. It was on receipt of Ext.P4, the writ petition was filed seeking to quash the same and to direct the University to publish her results and issue the certificates. 6. A statement has been filed by the University contending that as per the records made available by the University, petitioner has not completed the Regular Course and she has not registered for the Final Year B.Com Degree Examination conducted in April, 2006. It is stated that the appearance of the petitioner in the Final Year Examination pursuant to Ext.P3 hall ticket was held provisional and therefore, University was justified in issuing Ext.P4. It is also stated in the statement that the petitioner had suppressed certain information in the application made by her for the mercy chance. W.P.(C).18061/11 3 7. In the reply affidavit filed, petitioner has averred that in March 2009, she applied for registration to appear for the Final Year B.Com Degree Examination and the University returned the application with an endorsement that the petitioner should appear for all the B.Com papers together. The application and the memo dated 29.6.2009 issued by the University are produced and marked as Exts.P6 and P6(a). It is stated that thereafter, the petitioner applied for private registration which could be seen from Ext.P7 memo and that it is on that basis, she was permitted to appear for the mercy chance Examination held in 2010. 8. The premise on which the petitioner's ineligibility is sought to be canvassed by the University is on the basis that the petitioner did not apply for registration in the Final Year Examination held in 2006. Petitioner does not have a case that she applied for registration in 2006 and in fact it was on account of her physical ailments that she could not register or appear in the examination. 9. However, fact remains that the petitioner had completed the course and it is evident from Ext.P1 transfer certificate issued from W.P.(C).18061/11 4 the College and also Ext.P6(a) memo issued from the University itself. In such circumstances and when the petitioner had got herself registered as a private candidate and appeared for all the subjects of B.Com Degree course, I see absolutely no reason why the University should have cancelled the petitioner's Final Year Examination, which she took pursuant to Ext.P3 hall ticket issued by the University. Therefore, I am satisfied that there was no justification for cancellation of the Final Year B.Com Degree Examination ordered by the University as per Ext.P4 and the same is liable to be set aside. 10. Accordingly, I set aside Ext.P4 and direct the University to declare the results of the petitioner and issue certificates on that basis. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs