Ashik Karim vs The Principal
2021 Latest Caselaw 3711 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE AMIT RAWAL

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      WP(C).No.32464 OF 2015(G)


PETITIONER:

               ASHIK KARIM
               AGED 22 YEARS
               PEEDIKAYIL HOUSE,
               NELLIMATTOM P.O.,
               KAVALANGAD.

               BY ADVS.
               SRI.GEORGE ABRAHAM PACHAYIL
               SRI.AJEESH S.BRITE
               SRI.ARUN PAUL (KAPRASSERY)
               SMT.JEBI MATHER HISHAM

RESPONDENTS:

      1        THE PRINCIPAL,
               YELDO MAR BASELIOSE COLLEGE
               KOTHAMANGALAM-686691.

      2        THE REGISTRAR
               MAHATMA GANDHI UNIVERSITY,
               PRIYADARSHINI HILLS,
               KOTTAYAM-686001.

               R1 BY ADV. SRI.ALEXANDER JOSEPH
               R1-2 BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
               R1 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.32464 OF 2015(G)

                                2



                          JUDGMENT

Dated this the 2nd day of February 2021

The grievance of the petitioner in the present case is for

provisionally permitting him to appear for semester

examination subject to the result of the writ petition on the

ground that he is a B.com 5th semester student of the Yeldo

Marbaseliose College, Kothamangalam. During the academic

semester which started on 2005, petitioner became severely

ill due to poly arthritis and he could not move as per the

certificate Ext.P1 and requested the college for condoning

the attendance. Petitioner had submitted an application

along with medical certificate vide Ext.P2. The examination

commenced on 26.10.2015. This Court vide interim order

had permitted the petitioner to appear for the examination,

provisionally.

2. The College is being represented by Sri.Alexander

Joseph who states that the petitioner wrote 1st and 2nd

semester examination but, there was shortage of attendance WP(C).No.32464 OF 2015(G)

for 3rd semester examination. Attendance was condoned on

submission of medical certificate. However, in 4 th semester

examination also, there was a shortage of attendance and a

request for condonation of attendance on account of illness

was also submitted. In 3rd semester examination he failed

for all papers and result of 4 th semester examination was

awaited. In such circumstances he is not eligible for

condonation of attendance. In fact, petitioner's conduct had

been erratic and he had been irregular in attending the

classes and was not serious in studies. Even the veracity of

the medical certificate was challenged. As per the interim

order of this Court he appeared for the examination,

remained in the examination hall for about half an hour and

thereafter left the examination hall. Such conduct would

reveal that he is not serious but seeking the intervention of

this Court for condonation of attendance.

I have gone through the paper book, I am of the view

that specific assertions in the counter have not been WP(C).No.32464 OF 2015(G)

rebutted by any reply. By virtue of an interim order of this

Court he was permitted to sit in the 4 th semester

examination for about one hour being an eyewash and no

explanation has come forward regarding the clearance of 3 rd

semester examination. Though absence can be condoned in

cases of illness, but, a student who had not been serious in

classes and had been a perpetual defaulter cannot seek the

intervention of this Court under Article 226 of the

Constitution of India for such concession. No ground for

interference is made out. This writ petition is dismissed.

Sd/-

AMIT RAWAL

JUDGE nak WP(C).No.32464 OF 2015(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 EDICAL CERTIFICATE DATED 02/06/2015

EXHIBIT P2 APPLICATION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT, IN ADDITION TO THE ORAL PRAYERS MADE