IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 32137 of 2009(J) -------------------------- PETITIONER(S): --------------- NIMMI MOHAN D/O. MOHANAN 7TH SEMESTER B.TECH STUDENT T.K.M INSTITUTE OF TECHNOLOGY EZHUKONE KOLLAM. BY ADV. SMT.K.K.RAZIA RESPONDENT(S): --------------- 1. THE CONTROLLER OF EXAMINATION, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KALAMASSERY COCHIN. 2. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KALAMASSERRY COCHIN REPRESENTED BY THE REGISTRAR. 3. PRINCIPAL. T.K.M. INSTITUTE OF TECHNOLOGY, EZHUKONE, KOLLAM. ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32137 OF 2009 -------------------------- Dated this the 12th day of November, 2009 J U D G M E N T The petitioner, who is a student of T.K.M. Institute of Technology, has filed this writ petition seeking a direction to the respondents to permit her to write the seventh semester examination and to pursue her studies in the 8th semester by disposing of Ext.P1 representation. The petitioner has in Ext.P1 representation addressed to the Controller of Examinations, Cochin University of Science and Technology, Ernakulam, submitted that she has only 47% attendance as against the required minimum of 75% attendance. She has also stated that she suffers from a chronic disease from childhood onwards and is undergoing treatment in Amrita Institute of Medical Sciences and Research Centre, Ernakulam. It is stated that on account of deficiency in attendance the petitioner cannot attend the 7th semester examination or the 8th semester classes and that having regard to her medical condition, the attendance shortage may be condoned and she may be permitted to write the examination and to pursue her studies in the 8th semester classes. 2. As per the rules of the Cochin University, an engineering W.P.(C) No. 32137/09 2 student should have a minimum of 75% attendance. The authorities can condone only 5% shortage in attendance. The petitioner has only 47% attendance. In other words, the deficiency in attendance is beyond the condonable limits. However, I am not expressing any opinion as on the merits of the case, since it is for the University to decide whether the request made by the petitioner in Ext.P1 representation should be granted or not. I accordingly dispose of this writ petition with a direction to the Controller of Examinations, Cochin University of Science and Technology, to place the original of Ext.P1 representation before the Vice Chancellor, Cochin University of Science and Technology, within two days from the date on which the petitioner produces a certified copy of this judgment before him. The Vice Chancellor, Cochin University of Science and Technology, shall thereupon consider the said representation and pass orders thereafter exercising the emergency power conferred on him under Section11 (11) of the Cochin University of Science and Technology Act, 1986. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 32137/09 3