Kerala High Court
Rexymol Mathew vs Mahatma Gandhi University on 1 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 10927 OF 2021
PETITIONER/S:
1 REXYMOL MATHEW
AGED 22 YEARS
D/O. MATHEW JOSEPH, NELLIKUNNEL (H), ALAKODU P.O, IDUKKI 685 588.
2 RITTU MARIA JOHNSON,
AGED 23 YEARS
D/O. P.M. JOHNSON, PALAKKAPPILLIL (H), PERUMBALLOOR P.O,
MUVATTUPUZHA-686 673
3 RONY SIBY,
AGED 23 YEARS
S/O. SIBY MATHEW, KUZHIKANNIYIL HOUSE, MEENKUNNAM POST-686 672.
4 AJMIMEERAN,
AGED 22 YEARS
D/O. MEERAN P.M, PALLATH (H), VALARA P.O, IRUMPUPALAM, ADIMALI,
IDUKKI-685 561
5 ADILA TM,
AGED 23 YEARS
D/O. TM MUSTHAFA, THEKKUMPARAMBIL (H), KOTHAMANGALAM P.O,
MATHIRAPPILLY-686 691
6 MARIYA BENNY,
AGED 22 YEARS
D/O. BENNY MATHEW, MUNDANGATTIL (H), ADOOPARAMBU, MUVATTUPUZHA P.O,
686 661
7 MARIYA JOHNY,
AGED 22 YEARS
D/O. MV JOHNY, MOOLAN (H), OKKAL P.O, PERUMBAVOOR-683 550
8 LAKSHMI S. NAIR,
AGED 22 YEARS
D/O. A.N. SADASIVAN, ELAYATHOTTAHIL (H), OORAMANA P.O, RAMAMANGALAM-
686 663
9 SARAMOL PAULOSE,
AGED 23 YEARS
D/O. C.S. PAULOSE, CHERUKUNNEL PUTHAN PURAYIL (H), NORTH PIRAMADOM
(P.O), PAMPAKUDA-686 667
WP(C) NO. 10927 OF 2021
2
10 SRUTHY SHAJI,
AGED 22 YEARS
D/O. SHAJI P.S, PUTHENKUDILIL (H), KOOTHATTUKULAM P.O,
KOOTHATTUKULAM-686 662
11 ANJANA V.R,
AGED 22 YEARS
D/O. V.T. RAJENDRAN, VICHATTEL (H), AVOLY P.O, MUVATTUPUZHA-686
670
12 ARYA V.S,
AGED 22 YEARS
D/O. SUDHAKARAN V.R, VELLAMACKAL (H), KOOVAKANDAM P.O, NALIYANI-
685 588
BY ADVS.
MATHEW A KUZHALANADAN
SHRI.KURIAKOSE VARGHESE
SRI.V.SHYAMOHAN
SMT.ANUSHMA M.KHAN
SRI.SUDEEP ARAVIND PANICKER
RESPONDENT/S:
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS, ATHIRAMPUZHA,
KOTTAYAM, KERALA 686 560.
2 THE CONTROLLER OF EXAMINATIONS
MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS, ATHIRAMPUZHA,
KOTTAYAM, KERALA -686 560
3 THE VICE CHANCELLOR AND CHAIRMAN
MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O, KOTTAYAM,
KERALA-686 560
4 NIRMALA COLLEGE,
REPRESENTED BY ITS PRINCIPAL, KIZHAKKEKARA, ERNAKULAM DISTRICT,
MUVATTUPUZHA , KERALA -686 661
BY ADV SHRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
OTHER PRESENT:
SRI SURIN GEORGE IYPE SC MG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10927 OF 2021
3
JUDGMENT
The petitioner has approached this Court seeking the
following reliefs:
i. Issue a writ of mandamus or such other writ, direction or
order directing the Respondents to complete the revaluation and
scrutiny of the answer sheets of first semester examination of the
2019-2021 batch within 60 days from the last date prescribed for
submitting the applications and thereafter publish the results
immediately after completion of the same.
ii. Issue a writ of mandamus or such other writ, direction or
order directing the respondents to publish and declare the results of
second and third semesters examinations of the 2019-2021 batch
expeditiously and in a time bound manner.
2. Learned counsel for the University submits that as far as
the first prayer is concerned, it has become infructuous in view of
the fact that the revaluation has already been done on 3.8.2021.
As regards the declaration of the results of the second and third
semesters examinations of 2019-2021 batch, University
undertakes to declare the result within a period of six weeks. At
this stage, learned counsel for the petitioner submits that both the
prayers are composite as the statute provides the duration of the
semester as 90 days.
I have heard the learned counsel for the parties and of the
WP(C) NO. 10927 OF 2021
view that the regulations do not envisage any contingencies like
Covid 19 pandemic, which are taken care of under the Disaster
Management Act. Keeping in view the such situation,
undertaking given by the learned counsel for the University for
declaration of the result of the second and third semester of
2019-21 batch with an outer time limit of six weeks is accepted.
This Court is sanguine of the fact that the undertaking will be
complied with in letter and spirit. Writ petition is ordered to be
closed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 10927 OF 2021
APPENDIX OF WP(C) 10927/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPIES OF THE FIRST SEMESTER
EXAMINATION RESULTS MADE AVAILABLE FOR THE
STUDENTS.
EXHIBIT P2 TRUE OF THE MAHATMA GANDHI UNIVERSITY
REGULATIONS (2019) GOVERNING POST GRADUATE
PROGRAMMES UNDER CREDIT SYSTEM (MGU-CSS-PG)
EXHIBIT P3 TRUE OF THE MAHATMA GANDHI UNIVERSITY
REGULATIONS (2011) GOVERNING POST GRADUATE
PROGRAMMES UNDER THE CREDIT SEMESTER SYSTEM
(MGU-CSS-PG).
EXHIBIT P4 TRUE COPY OF THE REVALUATION CIRCULAR DATED
13.04.2021.
EXHIBIT P5 TRUE COPY OF THE E-RECEIPTS RECEIVED BY THE
PETITIONERS ON APPLICATION FOR REVALUATION
AND SCRUTINY.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE AUDIT
REPORT NO.5 OF 2017 PERTAINING TO GENERAL
AND SOCIAL SECTOR, GOVT. OF KERALA PUBLISHED
IN THE WEBSITE OF COMPTROLLER AND AUDITOR
GENERAL OF INDIA.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 19.04.2021
ADDRESSED TO THE VICE CHANCELLOR.
EXHIBIT P8 TRUE COPY OF THE MAHATMA GANDHI UNIVERSITY
NOTIFICATION PROVIDING FOR REGULATIONS
RELATING TO REVALUATION AND SCRUTINY OF
ANSWER SCRIPTS DATED 07.07.2012.
