IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9617 of 2011(B) ---------------------------------- PETITIONER(S): -------------------- FRANCIS XAVIER C., AGED 20 YEARS, S/O.CLEMENT, PALLIVILAKAM, PURITHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.J.ABHILASH RESPONDENT(S): ----------------------- 1. THE PRINCIPAL, ST.XAVIERS'S COLLEGE, THUMBA, THIRUVANANTHAPURAM, PIN-695 586. 2. VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM-01. R2 BY SC SRI.M. RAJAGOPALAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No.9617 OF 2011 ---------------------------------------------- Dated this the 25th day of March, 2011 JUDGMENT Heard learned counsel for the petitioner and also the learned Standing Counsel appearing for the second respondent. In view of the nature of the order that I propose to pass, it is not necessary to issue notice to the first respondent. 2. The petitioner claims to be a Second Year B.Com student in the College of which the first respondent is the Principal. According to the petitioner, out of the total 145 working days, a student should have minimum 109 days attendance. However, he attended classes only on 86 days. It is his case that in view of Exhibits P2, P3 and P4, he is entitled to get attendance for three days. His case is that if attendance is given on those three days, the remaining shortage is within the condonable limits prescribed under the Kerala University First Ordinance. Therefore, he submitted Exhibit P5 application before the first respondent on 14.3.2011, which was declined to be entertained by the Principal for the reason that the attendance statements have already been submitted to the University on 1.3.2011. Thereafter, the petitioner submitted Exhibit P6 WP(C) No.9617/11 - 2 - representation to the Vice-Chancellor of the University. However, no response was received and that made the petitioner to file this Writ Petition, praying for a direction to the respondents to permit the petitioner to appear for the examinations which are to commence on 4th April, 2011 by condoning his shortage of absence. 3. The learned Standing Counsel appearing for the University points out that it is for the petitioner to submit the application in the prescribed form to the first respondent and that the first respondent should forward the application to the second respondent for passing orders in the matter. It is submitted that no such application has been received from the second respondent and therefore, at this stage, it is not possible for the petitioner to claim condonation of the shortage of his attendance. 4. A student can claim condonation of shortage of attendance only in terms of the provisions contained in the Kerala University First Ordinance. Admittedly, the University has not received any application from the petitioner and therefore, at this stage this Court will not be justified in issuing any positive direction as sought for by the petitioner. 5. In view of the above, the only direction that is possible is that the petitioner should make application for condonation of the shortage of attendance to the first respondent and thereupon the first respondent should forward the same to the second respondent WP(C) No.9617/11 - 3 - forthwith, so that the second respondent can consider the matter in accordance with the Kerala University First Ordinance and pass orders in the matter. 6. Therefore, I dispose of this Writ Petition directing that the petitioner shall make an application as stated above before the first respondent and on receipt of the application, the first respondent should forward the same with his recommendations to the second respondent on the same day itself. It is directed that on receipt of such application, the second respondent will pass orders in accordance with law, at any rate, before the examinations, so that if the shortage is condoned, the petitioner can appear for the examination. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before respondents 1 and 2 for compliance. ANOTNY DOMINIC, JUDGE vgs