IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 27454 of 2011(F) -------------------------- PETITIONER(S): --------------- MUHAMMED NIYAS, AGED 18 YEARS, S/O PAREED, ENPERAIL HOUSE, THIRUVARPPU P.O., KOTTAYAM DIST. BY ADV. SRI.C.V.SUBHASH RESPONDENT(S): --------------- 1. THE PRINCIPAL, GOVT. COLLEGE, NATTAKOM, KOTTAYAM DIST.- 686001 2. THE VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM - 686001 3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM - 686001 4. MAHATMA GANDHI UNIVERSITY, REP. BY REGISTRAR, MAHATMA GANDHI UNIVERSITY CAMPUS, ATHIRAMPUZHA, KOTTAYAM - 686001 SC SRI.T.A.SHAJI GP M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27454 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE JUDGMENT IN W.P.(C).25968/11 EXT.P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).27454/2011 .............................................. Dated this the 17th day of October, 2011 JUDGMENT Petitioner is a 3rd semester student of B.A. Politics in the Government College, Nattakom. Earlier, he approached this Court by filing W.P.(C).25968/2011 complaining that the Principal declined to accept and forward his application to the University for condonation of shortage of attendance. That writ petition was disposed of by Ext.P1 judgment directing that on submission of the application, same will be accepted and his application would be forwarded to the University for necessary action. According to the petitioner, the application was submitted and though the same was also forwarded to the University, the application does not cover the entire period during which he attended the classes. It is therefore, he made Ext.P2 representation to the Principal requesting that his attendance till 28.8.2011, also be forwarded to the University. The Principal did not take any action on the representation. Therefore, this writ petition is filed with the following prayers:- (i). Issue a writ of mandamus or such other writ W.P.(C).27454/11 2 or direction commanding the 1st respondent to forward the complete attendance of the petitioner during the 3rd semester, i.e. from 1.6.2011 to 12.10.2011 in the interest of justice. (ii). Issue a writ of mandamus or such other writ order or direction commanding the respondent University to consider/reconsider the petitioner's application for condonation in the light of the complete attendance of the petitioner during 3rd semester. 2. If, as stated by the petitioner, the attendance particulars already forwarded do not cover the entire period of the petitioner's attendance, necessarily the Principal will have to forward the same. Therefore, there will be a direction to that effect. Once such particulars are also forwarded, University shall take the same into consideration while orders are passed in terms of the directions contained in Ext.P1 judgment. 3. Petitioner submits that the examination commences on 18.10.2011 and that despite having already paid the fee, on account of the fact that his claim for condonation of shortage is pending consideration, he is not permitted to appear for the examination. W.P.(C).27454/11 3 4. At this stage, the learned Government Pleader submits that the petitioner has only 28% of attendance and he can appear for the examination only if the shortage of attendance is condoned. 5. Now that the matter is pending before the University as above, I direct that if according to the 1st respondent, the petitioner's shortage of attendance is within condonable limits, he will be permitted to provisionally appear for the examination which is to commence from 18.10.2011. This shall be subject to orders to be passed by the University on the application that is now pending consideration. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs