IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 14670 of 2010(G) -------------------------------------- PETITIONER(S): ------------------------ C.J.HASEENA,W/O.RISUDHEEN,AGED 29 YEARS MRA 200-A,P.O.THIRUMULLAVARAM, VELLAYITTAMABALAM,KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.T.V.VIJAYARAJAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT SECRETARIAT,TRIVANDRUM. 2. THE REGISTRAR,UNIVERSITY OF KERALA, TRIVANDRUM. 3. THE REGISTRAR KANNUR UNIVERSITY,KANNUR. R1 BY GOVT. PLEADER MR.P.NARAYANAN R2 BY ADV. MR.M.RAJAGOPALAN NAIR, SC KERALA UTY. R3 BY MR.M.SASINDARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 14670 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of May, 2010 J U D G M E N T The petitioner is a B. Arch student in Government Engineering College, Wynad under the Kannur University. She later got an inter-university transfer to Kerala University. She finally passed the examination scoring more than 60% marks. But she was awarded only 2nd class. According to the petitioner a candidate who scored 60% and above is entitled to be classified as passing in 1st class as per the guidelines applicable by the University. The petitioner seeks following reliefs: (i) declare that the Petitioner is entitled to get 1st class in B.Arch. Degree Course. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to award 1st class to the Petitioner in B. Arch. Degree forthwith. 2. I have heard the standing counsel for the University also. The guidelines for classification of successful candidates have been produced by the petitioner W.P.(C)No. 14670 of 2010 -2- herself as Ext.P7. In clause 10 (II) of Ext.P7 it is provided thus: (II) A candidate who qualifies for the degree passing all the subjects of the five year within six academic years after the commencement of his course of study and secures not less than 60% of the aggregate of total marks of all the five years shall be declared to have passed the B.Arch degree examination in First Class. 3. Petitioner joined the course in 2000-01 and she finally passed the examination in 2007 which is clearly beyond six years period prescribed in the guidelines. Petitioner's explanation for the same is that the petitioner had applied for an inter-university transfer sanctioning of which was delayed and the same was sanctioned only after orders in that regard has been passed by this court. Because of that delay the petitioner has not been able to pass the examination within six years is her contention. I do not think that the fact that the petitioner had applied for an inter-university transfer and the same has not been granted in time, does not prevent the petitioner from continuing her studies and writing the examination in time. Petitioner has not chosen to challenge the guidelines W.P.(C)No. 14670 of 2010 -3- applicable for classification of a successful candidate. That being so, the action of the University in classifying the petitioner as only a 2nd class holder as per that guidelines cannot be faulted. Accordingly this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/