IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 W.P(C).No. 11341 of 2008(A) ---------------------------------- PETITIONER: -------------- JITHIL BABU,AGED 22, S/O.BABU RESIDING AT MANNOR HOUSE, NERAVIL PERINAD P.O., KOLLAM, PIN-691601 BY ADV. SRI.R.S.KALKURA SRI.HARISH GOPINATH RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HIGHER EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. VICE-CHANCELLOR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY KOCHIN, PIN-682022. 3. CONTROLLER OF EXAMINATIONS OFFICE OF THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHIN, PIN-682022. 4. THE PRINCIPAL COLLEGE OF ENGINEERING PERUMON, PERUMON, KOLLAM 691601 BY GOVT. PLEADER, SRI. I.V. PRAMOD ADV. SRI. S.P. ARAVINDAKSHAN PILLAI, SC FOR UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 11341 OF 2008 A = = = = = = = = = = = = = = Dated this the 7th April, 2008. J U D G M E N T Petitioner is a B.Tech student. He wants to appear in the 6th semester examination which is to commence from 8.4.2008. However, he has not been issued hall ticket. The reason for the said attitude of the authorities is that the petitioner is short of attendance. He has filed Ext. P4 for condoning the absence and complaining that the 4th respondent is not forwarding the application to the 2nd respondent, this writ petition has been filed. 2. On instructions, the Standing Counsel appearing for respondents 2 and 3 submits that to become eligible to appear in a university examination the students should have 75% of attendance. It is also stated that if a student secures a minimum of 70% marks the Vice Chancellor can condone upto 5% and thereby render the student eligible for appearing in the examination. In so far as the petitioner is concerned, it is stated that the petitioner has only 41% attendance and therefore even if condonation is granted as is permissible still the petitioner will not be eligible for appearing in W.P.(C) No. 11341 OF 2008 - 2 - the examination. According to the Standing Counsel, the above factual situation could be the reason for the 4th respondent's refusal to forward the application, even if Ext. P4 has been filed as claimed by the petitioner. 3. Learned counsel for the petitioner submits that the number of working days during the semester in question was only 48 days while it is 52, according to the Standing Counsel for the University. Irrespective of the number of days since the eligibility is reckoned on the basis of percentage, even if the benefit of condonation is allowed the petitioner will not be eligible. In these circumstances, I am not persuaded to direct that the petitioner should be issued hall ticket or that he should be permitted to appear for the examination. 4. Writ petition fails and is dismissed. It is clarified that irrespective of this, if the authorities themselves are inclined to consider the case of the petitioner and grant him the benefit, it would be upto them to do so. ANTONY DOMINIC, JUDGE jan/-