IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 19795 of 2011(Y) -------------------------- PETITIONER(S): --------------- FARHAN A.K., AGED 23 YEARS, A.K.HOUSE, P.O.CHELERI(VIA), KANNADI PARAMBA, KANNUR DISTRICT-670 604. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): --------------- 1. KANNUR UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KANNUR, MANGATTUPARAMBA, KANNUR DISTRICT, PIN-670 001. 2. CONTROLLER OF EXAMINATIONS, KANNUR UNIVERSITY, MANGATTUPARAMBA, KANNUR DISTRICT, PIN-670 001. 3. PRINCIPAL, AWH-AL-BADAR SPECIAL COLLEGE, PAYYANNUR, KANNUR DISTRICT-670 307. ADV. SRI.M.SASEENDRAN,SC,KANNUR UNIVERSITY FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19795 of 2011(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE HALL TICKET ISSUED BY THE 2ND RESPONDENT EXT.P2: COPY OF THE MARK LIST DTD.27.8.2008 EXT.P3: COPY OF THE MARK LIST OF THE SUPPLEMENTARY EXAMINATION EXT.P4: COPY OF THE HALL TICKET OF THE FINAL YEAR EXAMINATION EXT.P5: COPY OF THE ORDER IN I.A.NO.10579/2011 DTD.4.7.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19795 of 2011 ---------------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T The petitioner was a Bachelor of Audiology and Speech Language Parolosy degree student in the college of which the 3rd respondent is the Principal. He completed his course in 2011 and he has still to clear two papers of 1st and 2nd semester examinations. In this writ petition the prayer sought for is to direct the 1st and 2nd respondents to conduct a supplementary examination. 2. A statement has been filed on behalf of the 1st respondent. Paras 3 and 4 of which reads as follows: “3. It is respectfully submitted that BASLP Course of the 3rd batch of in which the petitioner was registered is not approved by the Rehabilitation Council of India. The Rehabilitation Council of India vide letter dated 13.3.2009 informed the University that BASLP Course conducted by the AWH Al-Badar College, Payyannur is without obtaining the approval of the Course for the Academic year 2007-08 and 2008-09 and the R.C.I would not be responsible for the said batches of the BASLP Course due to the violation of the Statutory Provisions of the Rehabilitation Council. W.P(C) No.19795 of 2011 2 4. It is further submitted that the AWH Al- Badar College, Payyannur in which the petitioner studied does not have the affiliation from the Rehabilitation Council of India. It was based on the undertaking and representation from the College authorities that the University conducted BASLP examination on provision basis. The petitioner had been given the chance to clear the papers in the supplementary examination conducted by the University in August, 2009, in which the petitioner failed to utilise the chance It is further submitted that except the petitioner all other students of the said batch have successfully completed the course and the results were published in the light of the directions of this Hon'ble Court. So the petitioner cannot claim as a matter of right to persuade the University to conduct the supplementary examination only for him.” 3. From the statement it is obvious that inspite of the fact that the college did not obtain affiliation, the University has shown indulgence and supplementary examinations were held enabling the students to complete the course and the petitioner is the only one left out. 4. Taking note of this fact, I direct that the grievance of the petitioner will also be redressed by the University, treating him on par with those who had already completed the course in the supplementary examination held by the University. W.P(C) No.19795 of 2011 3 5. Necessary action shall be taken by the University as expeditiously as possible, on production of a copy of this judgment. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE ab