Mahesh V.K vs Calicut University
2021 Latest Caselaw 11004 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8738 OF 2021(N)


PETITIONER:

               MAHESH V.K
               AGED 36 YEARS
               S/O.KAMALAN, VARAKADIVELY, PONNADU P.O.,
               MANNANCHERY, ALAPPUZHA-688538.

               BY ADVS.
               SHRI.SHERRY J. THOMAS
               SRI.JOEMON ANTONY

RESPONDENTS:

      1        CALICUT UNIVERSITY
               REPRESENTED BY ITS REGISTRAR, TIRUR-CALICUT ROAD,
               THENHIPALAM, KERALA-673635.

      2        THE CONTROLLER OF EXAMINATIONS,
               CALICUT UNIVERSITY, TIRUR-CALICUT ROAD, THENHIPALAM,
               KERALA-673635.

      3        THE VICE CHANCELLOR CALICUT UNIVERSITY,
               TIRUR-CALICUT ROAD, THENHIPALAM, KERALA-673635.

      4        THE PRINCIPAL,
               GOVERNMENT LAW COLLEGE, KOZHIKODE, VELLIMADAKUNNU,
               KOZHIKODE, KERALA-673012.


OTHER PRESENT:

               SRI.P.C.SASIDHARAN-SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8738 OF 2021

                                   2

                              JUDGMENT

Dated this the 7th day of April, 2021

This writ petition is filed seeking the following prayers:-

"i) Issue a writ of mandamus, any other writ, order or direction, directing the 2nd Respondent to accept the examination fee from the petitioner to redo the internal examinations, by consider the Exhibit P4 application.

ii) Issue a writ of mandamus, any other writ, order or direction, directing 1st and 4th respondents to admit the petitioner to redo the requisite internal examinations and publish the results within a time frame.

iii) Issue a writ of mandamus, any other writ, order or direction, to declare that as per exhibit P3, notification the petitioner is eligible to redo the internal examination.

iv) Issue a writ of mandamus, any other writ, order or direction, to extend the benefit of exhibit P6, notification to the petitioner also. "

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for the respondent

University.

3. It is submitted that the petitioner, who is a Five WP(C).No.8738 OF 2021

year LLB student in the 4 th respondent's Law College, having

secured admission during 2008, has sought permission for a

redo of his internal assessment of the 1 st semester. It is

submitted that an internal redo was conducted in respect of

2008 batch as well, but the petitioner could not attend the

redo due to unavoidable reasons as stated at paragraph 5 of

the writ petition. It is submitted that the petitioner has

approached the Controller of Examinations of the

respondent University with Ext.P4 representation and seeks

a consideration of the same.

4. Though the petitioner places reliance on Ext.P2

and Ext.P7 judgments, I am of the opinion that, since the

petitioner had already been given a chance for internal redo,

which he could not utilize, this Court could not be justified in

issuing any positive directions and it is for the University to

consider the case of the petitioner.

5. The learned Standing Counsel appearing for the

respondent University submits that, if any relief is to be WP(C).No.8738 OF 2021

granted to the petitioner, the 3 rd respondent will have to

consider the request.

6. In the above view of the matter, there will be a

direction to the 2nd respondent to forward Ext.P4 to the 3 rd

respondent forthwith and the 3 rd respondent to take a

decision on the same within a period of one month from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/07.04.2021 WP(C).No.8738 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE 1ST SEMESTER MARK LIST OF PETITIONERS.

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT IN WPC NO.16450/2020 DATED 25.8.2020.

EXHIBIT P3 THE TRUE COPY OF THE NOTIFICATION DATED 20.11.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE REQUEST DATED 12.01.2021 SUBMITTED BY THE PETITIONER TO 2ND RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE INTERIM ORDER IN WPC NO.26097/2020 DATED 26.11.2020.

EXHIBIT P6 THE TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 01.02.2021.

EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WP(C)NO.16893/2020 DATED 25.08.2020.