IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WA.No. 1677 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.28662/2011 .................... APPELLANT/PETITIONER: -------------- CHITHRA V NAIR, CHITHRALAYAM KUNNAMTHANAM PO, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.P.PRADEEP RESPONDENTS/RESPONDENTS: --------------- 1. THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY THE REGISTRAR MAHATMA GANDHI UNIVERSITY 686 001. 2. THE CONTROLLER OF EXAMINATION MAHATMA GANDHI UNIVERSITY, 686 001. 3. THE PRINCIPAL SAINTGITS INTITUTE OF MANAGEMENT PATHAMUTTOM, KOTTAYAM 686 001. ADV. SRI.T.A. SHAJI, SC, FOR R1&R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. C.J. & P.S.GOPINATHAN, J. .................................................................... Writ Appeal No.1677 of 2011 .................................................................... Dated this the 4th day of November, 2011. JUDGMENT Ramachandran Nair, Ag. C.J. The appellant is given admission for Management studies in the third respondent-College. The basic premises on which appellant is given admission is that she will pass the qualifying examination and produce the certificates on or before 31.10.2011. However, when the results were published, appellant failed in one subject by one mark. She has applied for scrutiny of the answer book and also for revaluation. Accepting favourable results appellant has approached this court for direction to the University to complete the process at the earliest and in between to permit the appellant to continue in the third respondent-college. We have heard counsel appearing for the appellant and Sri.T.A.Shaji, Standing Counsel appearing for M.G.University. Standing Counsel rightly submitted that University has no control over admissions given by private educational institutions. However, student will be allowed to be registered for the course and will be allowed to W.A. 1677/2011 2 write the examination only if she is qualified to join the course for which documents and certificates have to be produced by the educational institution wherein the candidate undergoes the course study. So far as retention of admission of a student who is not qualified is concerned, it is essentially a decision by the management whether to run the risk of losing a seat by admitting a student who is not qualified or to straight away replace with a student otherwise eligible. If third respondent-College has no objection in allowing the appellant to continue until results are published on scrutiny and revaluation in the subject in which she failed, we feel she can be granted extension of time for production of the certificates. In between, if any University examination falls due in the Management study, then certainly appellant will miss the opportunity for registration and writing the same. Subject to this we leave freedom to the third respondent to retain the appellant with direction to the University to publish the result of scrutiny and revaluation within the time granted by the learned Single Judge. Appellant is given time for production of certificates of qualifying examination until the University gives the W.A. 1677/2011 3 result based on judgment of the learned Single Judge. Writ Appeal is disposed of as above. Sd/- C.N.RAMACHANDRAN NAIR Acting Chief Justice Sd/- P.S.GOPINATHAN Judge True copy P.S. to Judge pms