IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 8519 of 2010(L) -------------------------------- PETITIONER: --------------- SANITH SHARIEF, AGED 22 YEARS, S/O.BABY SHARIEF, THIRD YEAR B A (ECONOMICS) ST.ALOYSIUS COLLEGE, ELTHURUTH, THRISSUR, RESIDING AT KAVITHA, SANTHI NAGAR, THIRUVAMBADI PO BY ADV. MR.P.V.MOHANAN RESPONDENTS: --------------- 1. THE VICE-CHANCELLOR, THE UNIVERSITY OF CALICUT, THENJIPALAM. 2. THE CONTROLLER OF EXAMINATION, UNIVERSITY OF CALICUT. 3. UNIVERSITY OF CALICUT REPRESENTED BY THE REGISTRAR, UNIVERSITY OF CALICUT. 4. THE PRINCIPAL, ST.ALOYSIUS COLLEGE, ELTHURUTH P.O., THRISSUR DISTRICT. ADVS. MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE FOR R4 MR.TONY GEORGE KANNANTHANAM FOR R4 MR. P.C. SASIDHARAN -SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8519 of 2010 PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER DTD 16.2.2010. EXT.P2: COPY OF REPRESENTATION DTD 5.3.2010. EXT.P3: COPY OF PETITION DTD 22.1.2010. EXT.P4: COPY OF PARTICIPATION CERTIFICATE BASKETBALL CHAMPIONSHIP. EXT.P5: COPY OF PARTICIPATION CERTIFICATE ATHLETICS. EXT.P6: COPY OF PARTICIPATION CERTIFICATE INTER ZONE HAND BALL MEN TOURNMENT. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF CIRCULAR DTD 17.11.2009 ISSUED BY THE UNIVERSITY OF CALICUT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.8519 OF 2010 ------------------------------- Dated this the 17th day of MAY, 2010 J U D G M E N T For shortage of attendance, the petitioner was not permitted to attend the B.A. Degree final year examination. On 22.3.2010 this Court passed the following interim order. “The writ petition is mainly filed seeking for a directin to allow the petitioner to appear for the B.A. Degree examination. 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the University and the learned counsel appearing for the College. It is a case of shortage of attendance and the attendance is short by 26.6 days. It is pointed out that the maximum condonable days are 24 days by the Syndicate and 14 days by the Vice Chancellor. In that view of the matter, the learned counsel for the petitioner suggested that the petitioner may be allowed to attend classes from June, 2010 after the re-opening to make-up the deficiency and appear for the examination which will be held in Septemeber, 2010. There will be a direction to the fourth respondent to allow the petitioner to attend classes after the college re-opens in June, 2010. Post after vacation”. The examination is already over and the petitioner could not write the examination. Therefore, all what he can now hope for W.P.(C)No.8519/2010 2 is to make shortage of attendance good by attending classes after the College re-opens in June 2010 and then write the examination to be held in September 2010. In the above circumstances, the writ petition is disposed of in terms of the above interim order dated 22.3.2010. S. SIRI JAGAN, JUDGE acd W.P.(C)No.8519/2010 3