IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 6521 of 2010(M) ------------------------------------ PETITIONER(S): ------------------------ RICHARD PAUL HERMON, AGED 20 YEARS, S/O.ROBBERT DENNIS HERMON, LEELA VIHAR, P.O.KUTTOOR, THRISSUR TALUK, THRISSUR DISTRICT. (IIIRD BA ECONOMICS STUDENT, ST.THOMAS COLLEGE, THRISSUR). BY ADV. MR.C.D.DILEEP RESPONDENT(S): ---------------------- 1. UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O, MALAPPURAM DISTRICT, PIN-673635. 2. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY.P.O, MALAPPURAM DISTRICT. 3. ST.THOMAS COLLEGE, REPRESENTED BY ITS PRINCIPAL, THRISSUR. R1 &R2 BY ADV. MR.SASIDHARAN, SC BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE BY ADV. MR.THOMAS GEORGE FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6521/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P2:- COPY OF THE MARK LIST ISSUED BY THE IST RESPONDENT TO THE PETITIONER DTD. 7.12.2009. P3:- COPY OF THE APPLICATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT FOR CONDONING THE SHORTAGE OF ATTENDANCE, DTD. 15.2.09. P4:- COPY OF THE PATIENT REGISTRATION CARD ISSUED BY THE DAYA HOSPITAL, THRISSUR TO THE PETITIONER DTD. 30.12.09. P5:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DAYA HOSPITAL, THRISSUR TO THE PETITIONER. P6:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR.SUBRAHMANIAN TO THE PETITIONER DTD. 1.10.09. P7:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DISTRICT HOSPITAL THRISSUR TO THE PETITIONER DTD. 1.1.09. TRUE COPY P.S.TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6521 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2010. JUDGMENT The petitioner who is doing final year BA Economics in the third respondent college, seeks for a direction to condone the shortage of attendance of 37 days, as there are genuine reasons for the same. 2. The petitioner has to appear for the final year examination and for the said purpose he filed an application along with the prescribed fee. On getting information that his application is not being forwarded, he submitted Ext.P3 requesting for condonation of shortage of attendance. It is his case that the shortage was caused due to an accident resulting in fracture of right foot and he was under treatment in Daya Hospital, Thrissur. Ext.P4 is the copy of the patient registration card and Ext.P5 is the medical certificate. It is pointed out that the class teacher and the department head recommended the application. The petitioner is also an asthma patient under the treatment of Dr.S.S.Subramanian of the District Hospital, Thrissur and Ext.P6 is the certificate produced in support of the same. 3. Heard learned Standing Counsel appearing for the University and learned counsel appearing for the third respondent college. It is the wpc 6521/2010 2 contention of the third respondent that condonation of shortage of attendance is permissible only once during a course. Last year also, the petitioner had shortage of attendance which was condoned. It is also pointed out that the shortage is beyond the condonable limits permitted by the University. As per the Calicut University First Ordinance 1978, the maximum number of days of shortage of attendance that can be condoned by the Syndicate is only 24 days. Since the shortage of attendance in this case is 37 days, no such condonation can be granted. 4. Learned Standing Counsel for the University also submitted that the Vice Chancellor can condone the attendance upto 14 days and the limit for the Syndicate is 24 days. Both these conditions are not satisfied here. Apart from that, the last year also there was shortage of attendance which was condoned. 5. As the Calicut University First Ordinance 1978 does not permit condonation of shortage of attendance for 37 days, the petitioner is not entitled for any reliefs in this writ petition. In that view of the matter, the respondents cannot be compelled, in these proceedings, to condone the shortage of attendance. Hence, the writ petition fails and the same is accordingly dismissed. No costs. (T.R. Ramachandran Nair, Judge.) wpc 6521/2010 3 kav/