IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 7378 of 2008(C) ----------------------------------- PETITIONER: ------------------- JOSE THAMBI, AGED 20 YEARS SON OF P.V.THAMBI, PANICKASSERY HOUSE TATAPURAM SUKUMARN ROAD, KOCHI-682 018 (3RD YEAR B.COM (TOURISM & TRAVEL MANAGEMENT) BHARATA MATA COLLEGE, THRIKKAKKARA) BY ADV. SMT.S.K.DEVI SRI.K.P.PRADEEP (PAYYANNUR) RESPONDENTS: ----------------------- 1. THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, KOTTAYAM PRIYADARSINI HILLS P.O., KOTTAYAM-686 560 2. MAHATMA GANDHI UNIVERSITY, KOTTAYAM PRIYADARSINI HILLS P.O., KOTTAYAM-686 560 REPRESENTE BY ITS REGISTRAR 3. CONTROLLER OF EXAMINATION MAHATMA GANDHI UNIVERSITY, KOTTAYAM PRIYADARSINI HILLS P.O., KOTTAYAM-686 560. 4. PRINCIPAL, BHARATA MATA COLLEGE THRIKKAKKARA, KOCHI-682 021. 5. HEAD OF THE DEPARTMENT TOURISM AND TRAVEL MANAGEMENT BHARATA MATA COLLEGE, THRIKKAKKARA KOCHI-682 021, ERNAKULAM. BY ADV. SRI.V.M.KURIAN FOR R4 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7378 of 2008(C) -2- APPENDIX PETITIONER'S EXHIBITS EXT.P1 - TRUE COPY OF THE IDENTITY CARD ISSUED BY THE BHARATA MATA COLLEGE, THRIKKAKARA TO THE PETITIONER. EXT.P2 - TRUE COPY OF THE EXAMINATION SCHEDULE FOR 3RD YEAR B.COM TTM OF THE MG UNIVERSITY FOR THE YEAR 2007-08. EXT.P3 - TRUE COPY OF THE STATEMENT OF INTERNAL EVALUATION MARKS FOR B.COM, TOURISM AND TRAVEL MANAGEMENT FOR B.COM THIRD YEAR EXAMINATION 2008 PUBLISHED BY THE BHARATA MATA COLLEGE, THRIKKAKARA. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== W.P(C)No.7378 of 2008 ================== Dated this the 11th day of August, 2008. J U D G M E N T The petitioner filed this writ petition when the 4th respondent - Principal of the college in which the petitioner is studying, refused to hand over the hall ticket of his final year B.Com degree examination to the petitioner, although, the University had forwarded the same to the 4th respondent for distribution to the petitioner. Apparently, the principal had withheld the same on the ground that the petitioner did not have sufficient attendance for becoming eligible to writ the examination. But from the counter affidavit submitted by the University it is clear that the principal did not inform the University that the petitioner does not have sufficient attendance. On the other hand, the 3rd respondent had forwarded attendance certificate also based on which only the hall ticket has been issued by the University to the petitioner. No counter affidavit has also been filed by the W.P(C)No.7378 of 2008 - 2 - 3rd respondent. 2. In the above circumstances, I do not think that the action of the 3rd respondent can be countenanced at this point of time. At the time of admission, the following interim order was passed in this writ petition. “If the University has issued hall ticket of the petitioner, the 4th respondent will issue the hall ticket and permit the petitioner to appear for the final examination scheduled to commence from 4.3.2008. However, it is clarified that his appearance will be provisional and result shall not be declared except under the orders of this court.” 3. The petitioner has already written the examination pursuant to that interim order. Therefore, I do not think that the petitioner should be deprived of the benefit of that examination in the above circumstances. Accordingly, this writ petition is disposed of, declaring that the petitioner has written the examination validly and directing the University to publish the results of the petitioner. S.SIRI JAGAN, JUDGE rhs