IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 17953 of 2010(T) -------------------------------------- PETITIONERS: --------------------- 1. VAISAKH C.MOHAN, PAZHANGATTU HOUSE, MANAKKODAM, CHENDMANGALAM P.O. 2. NIKHIL V,THOMAS PAUL, VALIYAPARAMBIL HOUSE, SAFTHAR NAGAR, NORTH KALAMASSERY P.O., PIN – 683104. BY ADVS. SRI.A.JAYASANKAR, SRI.MANU GOVIND RESPONDENTS: ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, P.D.HILLS P.O. KOTTAYAM -686 560. 2. CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNVIERSITY, P.D.HILLS P.O., KOTTAYAM – 686 560. 3. UNION CHRISTIAN COLLEGE,REPRESENTED BY ITS PRINCIPAL, ALUVA – 2. R1 & R2 SRI. T.A. SHAJI, S.C, R3 BY ADVS. SRI.SAJI VARGHESE, SMT.MARIAM MATHAI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 17953 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 J U D G M E N T The petitioners are 2nd semester B.Sc students of the 3rd respondent college. They were not permitted to appear for the 2nd semester examination for alleged shortage of attendance. According to the petitioners, they were not intimated in time about the shortage of attendance and therefore they could not apply for condonation of shortage. Later on, when they contacted the authorities they came to understand that in fact there was no shortage of attendance as alleged. The examinations are over. They could not write the examination for the 2nd semester. As per the rules of the University, only a student who passes the 2nd semester examination can write the 3rd semester examination. Petitioners now want to write the 3rd semester examination. Petitioners contend that in order to write the 2nd semester examination again it is necessary to get orders W.P.(C)No. 17953 of 2010 -2- regarding condonation of shortage of attendance for which the petitioners filed Exts.P3 & P4 before the 2nd respondent. The petitioners seek a direction to the 2nd respondent to consider and pass orders on Exts.P3 & P4 expeditiously and to direct the 3rd respondent to permit the petitioners to attend 3rd semester classes in the meanwhile. 2. The standing counsel for the University opposes the same. He also points out that, the authority to consider the request for condonation of shortage of attendance is the Vice Chancellor. 3. I have considered the rival contentions in detail. In the facts and circumstances of the case, I dispose of this writ petition with the following directions: The 2nd respondent shall place Exts.P3 & P4 applications of the petitioners before the Vice Chancellor of the University for his consideration and disposal. The Vice Chancellor shall consider and pass orders on Exts.P3 & P4 as expeditiously as possible, at any rate within a period of one W.P.(C)No. 17953 of 2010 -3- month from the date of receipt of a copy of this judgment. Pending consideration of Exts.P3 & P4 by the Vice Chancellor the petitioners shall be permitted to attend classes for the 3rd semester. However if ultimately they do not succeed their attempt to get the shortage of attendance condoned, they will not be eligible for any concession in equity in respect of the period during which they attended 3rd semester classes and they will have to sit for the 2nd semester to complete the full course and then attend the 3rd semester classes. S. SIRI JAGAN JUDGE shg/