Kerala High Court
Mohammed Fazil.T.F vs The Vice Chancellor on 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.25733 OF 2020(N)
PETITIONER/S:
MOHAMMED FAZIL.T.F
AGED 26 YEARS
S/O. MOHAMMED FAROOK, THARAYIL VEEDU, PILAKKAD P.O.
VARAVOOR VIA, THRISSUR DISTRICT 680 585.
BY ADV. SRI.P.M.RAFIQ
RESPONDENT/S:
1 THE VICE CHANCELLOR
UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM
DISTRICT 673 635.
2 THE REGISTRAR
UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM
DISTRICT 673 635.
3 THE JOINT REGISTRAR,
UNIVERSITY OF CALICUT, THENHIPALAM, MALAPPURAM
DISTRICT 673 635.
R1-3 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25733 OF 2020(N)
2
JUDGMENT
Dated this the 15th day of January 2021
This writ petition is filed seeking the following prayers:
"(i) issue a writ of certiorari or order or direction quashing
Ext.P3 order No.38547/GA-IV-C1/2014/CU of 2nd respondent
Registrar of University of Calicut dated 10.3.2020.
ii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 2nd respondent
Registrar of University of Calicut to condone the
attendance shortage of petitioner considering the medical
documents produced therein.
2. Heard the learned Standing Counsel appearing for the University.
3. The learned Counsel appearing for the petitioner submitted that the
petitioner, a student of B.Arch in the respondent College had attendance
shortage due to medical reasons. He was permitted to provisionally write
the 9th Semester examination subject to condonation of attendance
shortage. Ext.P3 order was issued by the University refusing to condone
the attendance shortage of the petitioner.
WP(C).No.25733 OF 2020(N)
4. A statement has been placed on record by respondents 1 to 3. It is
specifically stated therein that the Regulation specifically provides for
condonation of attendance shortage up to 20% once during the entire
course, provided such shortage is caused by continuous absence on
genuine medical grounds. It is further stated that shortage cannot be
condoned more than twice during the entire course. It is submitted that
the petitioner has already availed condonation of 7.1% in first and second
semester (combined) and 8.7% in third semester as per the University
Orders. It is stated that since two condonations have already been given
to the petitioner, there is no provision for a further consideration of
request for condonation. It is stated that even in case the absence was on
account of genuine medical grounds, the issue cannot be considered
again, since it would be against the University Regulations.
5. Having considered the submissions made by the parties, I find that
the petitioner had availed two condonations on medical grounds. In the
above view of the matter, the further request for condonation of the
shortage of 19.7% of attendance is not liable to be considered, since it
would be the third instance of such condonation. The conditions for
condonation of attendance are clearly matters falling within the exclusive
WP(C).No.25733 OF 2020(N)
jurisdiction of the University, which are to be considered in accordance
with the Regulations framed for that purpose. In that view of the matter,
no relief can be granted to the petitioner. The writ petition is accordingly
dismissed.
Sd/
ANU SIVARAMAN
JUDGE
Jm/
WP(C).No.25733 OF 2020(N)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROVISIONAL CERTIFICAT3
ISSUED TO THE PETITIONER FROM THE
UNIVERSITY OF CALICUT DAD 30.12.2019.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR CON
DONATION OF SHORTAGE OF ATTENDANCE OF
PETITIONER FORWARDED TO THE UNIVERSITY OF
CALICUT THOROUGH HIS COLLEGE.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. 38547/GA-IV-
CI/2014/CU, DATED 10.3.2020 OF THE
REGISTRAR OF UNIVERSITY OF CALICUT.
