Kerala High Court
Caroline Jose vs Mahatma Gandhi University on 18 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.28128 OF 2020(M)
PETITIONER:
CAROLINE JOSE,
AGED 24 YEARS, D/O JOSE MATHEW, ASSARICHERIL HOUSE,
MAMMOODU.P.O, CHANGANASSERY, KOTTAYAM DISTRICT.
BY ADVS.
SMT.TISSY ROSE K CHERIYAN
SMT.GRACE MARIA JOSE
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY ,
REPRESENTED BY ITS VICE CHANCELLOR,
PRIYADARSINI HILLS, ATHIRAMPUZHA.P.O,
KOTTAYAM, PIN-686560.
2 THE SYNDICATE,
MAHATHMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS, ATHIRAMPUZHA.P.O,
KOTTAYAM,PIN-686560.
3 REGISTRAR CONTROLLER OF EXAMINATIONS,
(B.TECH EXAMINATIONS), MAHATHMA GANDHI UNIVERSITY,
PRIYADARSINI HILLS,ATHIRAMPUZHA,PIN-686560.
ADV. SRI.ASOK M.CHERIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28128 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(A) To issue a Writ of Mandamus or Order directing
the respondents to issue mark list of the petitioner in
her supplementary examination held on May 2017
after adding the grace mark allotted to the disabled
students as per Exhibit P8 order on the basis of Exhibit
P7 disability certificate produced along with Exhibit P9
application as early as possible in order to take
admission for higher studies.
(B) To declare that the petitioner is entitled to get
the grace mark allowed as per Exhibit P8 order of the
respondent university.
(C) To issue a Writ of Mandamus or Order directing
the respondents to issue mark list of the petitioner in
her supplementary examination held on May 2017
which is issued to other 101 students as per Exhibit
P3."
2. Heard the learned counsel for the petitioner and the learned
Standing Counsel appearing for the respondents.
3. A statement has been placed on record by the respondents
stating that the case of the petitioner with regard to grant of
syndicate moderation will also be considered in accordance with the
directions contained in the judgments in W.P.(C).No.32960/2019, W.P.
(C).No.35551/2019 and W.P.(C).No.28410/2020.
WP(C).No.28128 OF 2020
4. In the above view of the matter, there will be a direction to the
respondents to consider the claim of the petitioner also for further
moderation, taking note of the judgments referred above. Orders
shall be passed 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
NP
WP(C).No.28128 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE GRADE CARD
ISSUED TO THE PETITIONER WITH PRN
NO.14014396 FROM THE MAHATHMA GANDHI
UNIVERSITY DATED 01.11.2017
EXHIBIT P2 A TRUE COPY OF THE OFFER LETTER FROM THE
UNIVERSITY DATED 27.01.2020 IN
APPLICATION NO.2676668 WITH STUDENT I.D
NO.220076674
EXHIBIT P3 A TRUE PHOTOGRAPH OF INFORMATION DATED
15.09.2020 AVAILED BY THE PETITIONER AS
PER THE RIGHT TO INFORMATION ACT
EXHIBIT P4 A TRUE PHOTOGRAPH OF MEDICAL REPORT
ISSUED FROM S.J.EYE HOSPITAL AND
RESEARCH INSTITUTE,KARUKACHAL,IN
O.P.NO.19/3318 DATED 12/4/2019
EXHIBIT P5 A TRUE COPY OF THE MEDICAL REPORT WITH
TEST REPORT ISSUED FROM ARAVIND EYE
HOSPITALS MADURAI TAMILNADU WITH
O.P.NO.4985709 DATED 07-10-2019
EXHIBIT P6 A TRUE PHOTOCOPY OF THE TREATMENT
RECORDS FROM THE KOTTAYAM MEDICAL
COLLEGE HOSPITAL WITH O.P.NO.65071 DATED
13.04.2019
EXHIBIT P7 A TRUE PHOTOCOPY OF THE DISABILITY
CERTIFICATE NO.D1-8580/20 GHKTM DATED
30.10.2020
EXHIBIT P8 A TRUE COPY OF ORDER DATED 17.11.2012
WITH U.O.NO.6400/A1/2012/ACAD DOWNLOADED
FROM THE WEB SITE OF MAHATHMA GANDHI
UNIVERSITY
EXHIBIT P9 A TRUE PHOTOCOPY OF THE APPLICATION
DATED 02.11.2020 SUBMITTED BY THE
PETITIONER TO THE RESPONDENTS.
RESPONDENT'S/S EXHIBITS: NIL
