IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 26414 of 2009(V) -------------------------------------- PETITIONER(S): ---------------------- VIVIN VARUGHESE ISSAC, S/O.VARUGHESE VARUGHESE, AGED 22, RESIDING AT PALLATHIL HOUSE KUTTAPUZHA R.S. P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. MR.SAIJU S. RESPONDENT(S): ------------------------- 1. THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR, THRIKKAKARA, KOCHI-22, ERNAKULAM DISTRICT. 2. THE CONTROLLER OF EXAMINATIONS, THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY THRIKKAKARA, KOCHI-22, ERNAKULAM DISTRICT. 3. THE PRINCIPAL, SCHOOL OF ENGINEERING THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY THRIKKAKKARA, KOCHI-22, ERNAKULAM DISTRICT. R1 & R2 BY ADV. MR.S.P.ARAVINDAKSHAN PILLAI,SC,COCHIN UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.26414 of 2009 - V ---------------------------------------- Dated 14th October, 2009 Judgment Heard Sri.S.Saiju, the learned counsel appearing for the petitioner and Sri.S.P.Aravindakshan Pillay, the learned standing counsel appearing for the respondents. 2. The petitioner was a student of the School of Engineering, Thrikkakara for the B.Tech. degree course in Computer Science and Engineering. He appeared for the seventh semester examination in Computer Science and Engineering conducted by the Cochin University of Science and Technology in November, 2008. The results were published in May, 2009. Though the petitioner passed all the other papers, he failed in the paper 'Computer Graphics Lab'. Meanwhile, he appeared for and passed the eighth semester examination held in June, 2009. The petitioner also appeared for the paper 'Computer Graphics Lab' in the supplementary seventh semester examination held in July, 2009. The grievance voiced by the petitioner is that till date, the result of the said examination has not been declared. The petitioner submits that as he has cleared the eighth semester examination and has passed all the theory W.P.(C) No. 26414/2009 2 papers, it is not necessary for the University to await the publication of the result of the supplementary seventh semester examination to declare whether he has passed the paper in 'Computer Graphics Lab'. 3. Sri.S.P.Aravindakshan Pillay, the learned standing counsel appearing for the Cochin University of Science and Technology submits that the results of the supplementary seventh semester examination for which the petitioner appeared (along with regular stream of students) have not been published, that the tabulation work is going on and that as soon as the said work is over, the result of the examination will be published. He also submits that if the petitioner has to clear any theory examination, he will have to await the publication of the result. 4. In the instant case, I find that the petitioner had appeared only for lab examination, namely 'Computer Graphics Lab'. The said examination was held in July, 2009. The petitioner is not required to appear for any theory paper. If he secures a pass in 'Computer Graphics Lab', he will clear the seventh semester examination. Since he has already completed his course and has passed all the other semester examinations, he can secure employment, if he passes the paper 'Computer Graphics Lab'. In W.P.(C) No. 26414/2009 3 such circumstances, as the examination in which the petitioner appeared was a lab examination, I am of the opinion that the University need not wait for the tabulation of the results in respect of the other candidates to ascertain whether the petitioner has passed the said paper. I accordingly dispose of this writ petition with a direction to the respondents to declare the results of the lab examination in 'Computer Graphics Lab' for which the petitioner appeared in the seventh semester examination held in July, 2009 with register No.10260081 expeditiously and, in any event, before 28.10.2009. The University shall also issue to the petitioner the mark list within one week thereafter. P.N.RAVINDRAN Judge vaa