IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 36914 of 2009(H) ------------------------------------ PETITIONER(S): ---------------------- SANDRA K.SABU, D/O.SABU.K.S, AGED 20 YEARS, 2ND YEAR BDS STUDENT, ST.GREGORIOS DENTAL COLLEGE, KOTHAMANGALAM. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ------------------------- 1. THE MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM. 2. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI, PRIYADARSHINI HILLS, KOTTAYAM. 3. THE PRINCIPAL, ST.GREGORIOS DENTAL COLLEGE, KOTHAMANGALAM. R1 & R2 BY SRI. T.A. SHAJI, SC, M.G.UNIVERSITY R3 BY ADV. SRI.K.J.KURIACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36914/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION FOR REVALUATION DTD. 25.2.2009. P2:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC. 7052/2009 DTD. 4.3.2009. P3:- COPY OF THE MEMO ISSUED BY THE UNIVERSITY DTD. 16.6.09. P4:- COPY OF THE LETTER OF THE UNIVERSITY DTD. 18.9.09. P5:- COPY OF THE LETTER OF THE PRINCIPAL OF THE COLLEGE DTD. 19.6.09. P6:- COPY OF THE COMMUNICATION OF THE PRINCIPAL DTD. 5.1.2010. P7:- COPY OF THE NOTIFICATION OF THE UNIVERSITY DTD. 22.12.2009. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36914 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. Judgment The petitioner, a BDS student, could not move to the second year class since she had failed in an examination. But the fact of the matter remains that on re-valuation, she passed the examination. Therefore, it is a bonafide exclusion from attendance during that period, from the second year course. Obviously, therefore, the petitioner has a bonafide claim for condonation of the lack of attendance. But, the University Regulations, as they stand, may not permit so, having regard to the time lag. The regulations are framed by the Academic Council. The University is an autonomous statutory body. Its Academic Council is an authority of the University. Obviously, therefore, the Academic Council which framed the regulations has necessarily the power to take into consideration any extra-ordinary case which WPC36914/09 -: 2 :- may require the decision of the Academic Council rather than for a student to lose an academic year. Under such circumstances, this writ petition is ordered directing that if the petitioner makes appropriate representation before the Academic Council of the University through the Vice Chancellor, that would gain prompt attention at the earliest for necessary action and decision. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0706