IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 13305 of 2009(G) -------------------------------------- PETITIONER(S): ----------------------- 1. AKHILA RATHNAN, NELLIPARAMBATH HOUSE, CHAIPPANKUZHY P.O., PIN -680 724,. 2. ANJUMOL P.P., PULICKAL HOUSE, CHERUVAL, PUDUKKAD, PIN -680 301. 3. JITHESH P.R., PUTHUPPULLY HOUSE, THOTTIPPAL P.O., THRISSUR , PIN -680 310. 4. MELJO M.D., MADANI HOUSE, EAST KOMBARA, IRINJALAKUDA, PIN- 680 121 5. NIKISHA N.G., NADOOPARAMBIL HOUSE, VELLIKULANGARA P.O., PIN-680 693. 6. SANGEETHA PAULOSE, AMBOOKKEN HOUSE, P.O. KHANNA NAGAR, KORATTY. 7. SLITHA V.P., VADAKKUMPADAN HOUSE, THOOMBAKODE, MOTHIRAKANNY P.O. BY ADV. MR.JIJO PAUL RESPONDENT(S): ------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY REGISTRAR, KOTTAYAM. 2. MAHATMA GANDHI UNIVERSITY SCHOOL OF DISTANCE EDUCATION, REPRESENTED BY DIRECTOR, KOTTAYAM. 3. VICE-CHANCELLOR, THE MAHATMA GANDHI UNIVERSITY, KOTTAYAM. R1 TO R3 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.13305 of 2009 -------------------------- Dated this the 11th June,2009 J U D G M E N T Petitioners completed their MBA Course from the Nirmala College of Information Technology, Chalakudy, an Off Campus Centre of the MG University School of Distance Education . Their grievances arise from the fact that petitioners failed in the viva-voce examination in spite of the fact that they have passed all the written examinations. It is alleged in the writ petition that viva voce should have been conducted with two examiners. But it was conducted with only one examiner. It is further alleged that there was a calculated attempt on the part of the examiner to deliberately harass the petitioners and other students of the institute namely, the Nirmala College of Information Technology. The Examiner is not a party to the writ petition. 2. The University has filed a statement traversing these averments made in the writ petition. It is also made clear that Dr.Joseph Sebastian Thekkedam, Lecturer, S.BCollege, Changanacherry was appointed as Examiner W.P ( C) No.13305 of 2009 2 to conduct the viva voce in 16 centres. Complaint received from the petitioners has been referred to him and his explanation has been called for. The only direction which, in my view, requires to be issued at this stage is one to the University to proceed with the petitioners' complaint and a decision shall be taken after considering the explanation offered by the Examiner Dr.Joseph Sebastian Thekkedam. I am sure that if the University finds that all was not well with the viva voce conducted at Nirmala College of College of Information Technology then the petitioners shall be given a second opportunity for appearing in the viva voce treating the same as their appearance in the first instance. A reasoned order shall, at any rate, be passed and communicated to the petitioners, by the University within four weeks from the date of receipt of a copy of this judgment. Petitioners shall be heard before a final decision is taken in the matter. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.13305 of 2009 3 W.P ( C) No.13305 of 2009 4