IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 17239 OF 2022
PETITIONER:
STENNY MARY ABRAHAM
AGED 23 YEARS
D/O BENCY ZACHARIAH, PULIMOOTTIL (H), MAKKAPPUZHA P.O.,
MANNAMARUTHY, RANNI, PATHANAMTHITTA., PIN - 689676
BY ADVS.
VIVEK.P.K
RAHUL SASI
NEETHU PREM
MANU K. MURALI
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY - M.G.UNIVERSITY
REPRESENTED BY IT'S REGISTRAR
PRIYADARSHINI HILLS P.O.
UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA
KOTTAYAM., PIN - 686560
2 VICE-CHANCELLOR
MAHATMA GANDHI UNIVERSITY
PRIYADARSHINI HILLS P.O.
UNIVERSITY CAMPUS ROAD
ATHIRAMPUZHA
KOTTAYAM, PIN - 686560
BY ADV SURIN GEORGE IPE SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17239 OF 2022
2
JUDGMENT
The petitioner seeks grace marks to be added to certain papers of the 4th and 6th semester examinations of B.Sc, (Zoology) course completed by her from the Mahatma Gandhi University ('University' for short).
2. The petitioner asserts that she had attended the National Cadet Corps (NCC) State camp at Pathanamthitta between 20.12.2018 and 29.12.2018; and thereafter had passed 'Certificate C' examination conducted by the NCC in the year 2019. She submits that though she had approached the University for grant of eligible grace marks, based on the afore certificate, it was not considered; thus constraining her to prefer Ext.P6 application before the Vice Chancellor on 06.09.2021. She, therefore, prays that University be directed to grant her eligible grace marks on the WP(C) NO. 17239 OF 2022 3 strength of the afore mentioned certificate, so that she can pass the examinations.
3. The afore submissions of Sri.P.K.Vivek
- learned counsel for the petitioner, were answered by Sri.Surin George Ipe - learned Standing Counsel for the University, saying that neither Ext.P6 nor the original of the certificate, which the petitioner asserts to have obtained from NCC has been received by the University until now. He submitted that, therefore, no relief can be granted to her.
4. In response, Sri.P.K.Vivek - learned counsel for the petitioner, submitted that the applicable Regulations permit his client to make an application with late fee and prayed that this may be permitted to his client.
5. I, therefore, asked Sri.Surin George Ipe - learned Standing Counsel for the University whether this course can be acceded to, to which, he did not oppose and said that WP(C) NO. 17239 OF 2022 4 he leaves it to this Court to take an apposite decision.
6. When I consider the afore submissions, it is indubitable that if the petitioner is to obtain the eligible grace marks based on the Certificate obtained from the NCC, it must certainly be taken into account by the University, provided there is an applicable Regulation/Rule which permits condonation of delay, since otherwise, she would be denied the said benefits solely because of efflux of time.
Resultantly, I dispose of this writ petition - however, ordering that the directions herein will not be treated as a precedent, but only to be applied to the peculiar facts of this case - with a direction to the University to accept the application to be made by the petitioner, along with late fee, if necessary. If this is WP(C) NO. 17239 OF 2022 5 done by the petitioner within a period of one week from the date of receipt of a copy of this judgment, same shall be considered by the competent Authority of the University, after hearing her; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible.
Needless to say, I have not spoken on the entitlement of the petitioner to relief; but that the afore directions are only to enable her to make an application, so that it can be considered by the competent Authority in terms of law.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 17239 OF 2022 6 APPENDIX OF WP(C) 17239/2022 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE CAMP ATTENDANCE CERTIFICATE OF THE PETITIONER. Exhibit P2 THE TRUE COPY OF THE NATIONAL CADET CORPS (NCC) CERTIFICATE C OF THE PETITIONER Exhibit3 THE TRUE COPY OF THE CIRCULAR NO.
1013/01/AC.A VIII/2017, DATED 20.02.2017 ALONG WITH TRANSLATION.
Exhibit P4 THE TRUE COPY OF THE 4TH SEMESTER B.SC ZOOLOGY MODEL I MARK LIST OF THE PETITIONER Exhibit P5 . THE TRUE COPY OF THE 6TH SEMESTER B.SC ZOOLOGY MODEL I MARK LIST OF THE PETITIONER. Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 06.09.2021 ALONG WITH TRANSLATION.