Gayathri K Shine vs The Registrar
2021 Latest Caselaw 22607 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 25953 OF 2021
PETITIONER:

          GAYATHRI K SHINE
          AGED 21 YEARS
          D/O.K.T. SHINE, KOCHAMBANATTU HOUSE, PEROOR P.O,
          KOTTAYAM, PIN - 686637.

          BY ADVS.
          M.P.MADHAVANKUTTY
          MATHEW DEVASSI


RESPONDENTS:

    1     THE REGISTRAR
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
          KOTTAYAM, PIN - 686560.

    2     CONTROLLER OF EXAMINATION
          MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
          KOTTAYAM, PIN - 686560.



          SRI SURIN GEORGE IYPE SC MG


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25953 OF 2021
                                    2


                                JUDGMENT

Petitioner, a student of Bsc. (Geology) and Water

Management in Bishop Kurialacherry College for Women affiliated

to the Mahatma Gandhi University has approached this Court for

issuance of directions to respondent to consider and pass orders

on Ext.P3 representation asking for expert valuation of the

subject paper Fundamentals of Accounting (T) bearing Code

No.CO50PT03 of 5th semester B.Sc. (Geology). It is the case of

the petitioner that while pursuing the B.Sc. (Geology) course,

on declaration of the result in January, 2020 in respect of the

examination held in 2019 for the 5 th semester she was not able to

clear the aforementioned subject. The revaluation was applied in

February, 2021 result of the same was declared in March, 2021

and again has not been able to obtain the pass marks and vide

Ext.P3, made a request for valuation by subject expert.

This Court called upon the learned counsel for the petitioner

to apprise the provisions of Mahatma Gandhi University Act or

Statutes providing any machinery for expert examination, the

answer was in the negative. I am afraid in the aforementioned WP(C) NO. 25953 OF 2021

circumstance, writ of mandamus cannot be issued to respondents

to take a call on the representation which does not fall within the

provisions of the Act and the Statutes. Writ petition is accordingly

dismissed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 25953 OF 2021

APPENDIX OF WP(C) 25953/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE HALL TICKET OF FIFTH SEMESTER CBCS EXAMINATION DATED 21.10.2019 BEARING REGISTER NO.

170021048656 ISSUED BY THE M.G.

UNIVERSITY, KOTTAYAM.

Exhibit P2 TRUE COPY OF THE PROVISIONAL ADMISSION LETTER DATED 06.11.2020 ISSUED BY THE SCHOOL OF EARTH SCIENCE UNDER THE CENTRAL UNIVERSITY, TAMIL NADU.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 10.11.2021 SEND TO THE RESPONDENTS ALONG WITH THE POSTAL RECEIPT OF THE SAME.