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 TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 W.A.No. 280 of 2009 ------------ -------------------- AGAINST THE JUDGEMENT IN WPC.35308/2008 Dated 01/01/2009 .................... APPELLANT/PETITIONER: ------------------------------------- BASIL, AGED 26 YEARS, S/O.AMANULLA ROSE HOUSE, PALACE ROAD, ATTINGAL. BY ADV. SRI.P.K.MUHAMMED RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.M.RAJAGOPALAN NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 280 of 2009 ------------------------------------------ Dated, this the 24th day of March, 2009 JUDGMENT Kurian Joseph, J. The appellant was the petitioner in the writ petition. He is genuinely aggrieved since despite securing 61.72% marks, he is denied first class. He was placed only in the second class. Petitioner is a Lateral Entry student in B.Tech. Computer Science Course during the academic year 2002-06. As per the then existing Regulations of the University, the Lateral Entry students had to pass two remedial papers. Admittedly, the petitioner has not passed two remedial papers. As per the University Order dated 5.11.2008 based on the resolution of the Academic Council, the Lateral Entry students were exempted from passing the remedial papers. 2. The contention taken by the University is that W.A. No. 280 of 2009 - 2 - Ext.R2(b) order dated 5.11.2008 would benefit only those students who pass the examinations in 2008 and afterwards. It is the vehement contention of the learned counsel for the petitioner that in all other Universities irrespective of the academic year Lateral Entry students have been exempted from passing the remedial papers. Only because of the delay on the part of the University, the petitioner was adversely affected. There is also a contention that the petitioner was permitted by the University to write all other semester examinations without passing the remedial papers and, therefore, he was under the legitimate expectation that he would be placed in the appropriate class commensurate to his marks. The contention of the University, on the other hand, is that only if a candidate passes all the subjects of the 10 semesters in five academic years (10 consecutive semesters) after the commencement of the course and secures not less than 60% marks, he would be placed in the first class. Since the petitioner has not passed all the papers, he cannot be placed in first class. The papers which have not been cleared by him are the remedial papers. W.A. No. 280 of 2009 - 3 - 3. It is true that the petitioner has been given the benefit of exemption as per Ext.R2(b) University order dated 5.11.2008 from passing the remedial papers. But as already observed by us, it is a fact that the petitioner has secured 61.72% marks which is sufficient for placing a candidate in first class if he is otherwise eligible. The learned Single Judge declined to grant relief in view of the fact that Ext.R2(b) is having only prospective effect. In view of the contention taken by the petitioner that in all other Universities irrespective of the academic year, the students have been exempted from passing the remedial papers and that in the case of the petitioner he has been permitted to take all other semester examinations without clearing the remedial papers and thus he legitimately expected that he would also be given similar treatment with other students in other Universities, we feel that the petitioner should be given an opportunity to approach the University itself for a clarification. We also feel that this is not going to be a general issue, being a vanishing category. This only pertains to the students of the academic year 2002-06 and among W.A. No. 280 of 2009 - 4 - them there are only very few students with the present grievance, who have secured more than 60% marks and yet placed in second class. Therefore, taking note of the entire facts and circumstances of the case, we permit the petitioner to make a representation before the Vice Chancellor of the University of Kerala, who shall look into the matter in the light of the observations made by us in this judgment. Orders in this regard shall be passed within three months from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the petitioner. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns