Arun B.S vs State Of Kerala
2022 Latest Caselaw 9887 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                      WP(C) NO. 27396 OF 2021
PETITIONER:

          ARUN B.S,AGED 31 YEARS
          S/O. R. BHASI, TC -47/870, PUNARTHAM, KURATTOOR LANE,
          MUDAVANMUGAL, POOJAPPURA P.O, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695012.

          BY ADVS.
          ARUN SAMUEL
          JITHIN BABU A


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
           GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

    2     UNIVERSITY OF KERALA.
          REPRESENTED BY ITS REGISTRAR, PALAYAM P.O,
          THIRUVANANTHAPURAM, PIN - 695037.

    3     THE VICE CHANCELLOR
          UNIVERSITY OF KERALA, PALAYAM P.O, THIRUVANANTHAPURAM,
          PIN - 695037.

    4     THE CONTROLLER OF EXAMINATIONS
          UNIVERSITY OF KERALA, PALAYAM P.O, THIRUVANANTHAPURAM,
          PIN - 695037.

    5     APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
          REPRESENTED BY ITS REGISTRAR, CET CAMPUS, ALATHARA
          ROAD, AMBADY NAGAR, THIRUVANANTHAPURAM, PIN - 695016.

          BY ADV SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

          JOSHY THANNICKAMATTAM-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27396 OF 2021
                                    2



                               JUDGMENT

Even though several assertions have been

made and averments urged in this writ petition,

it is evident that this Court cannot come to

the aid of the petitioner, unless a decision

is taken by the Controller of Examinations,

University of Kerala at the first instance.

This is more so because there are several

orders that come into play, as also

multifarious facts, which will have to be

assessed and evaluated.

2. I notice that the petitioner had, in

fact, preferred Ext.P11 representation before

the afore said Authority.

3. I, therefore, asked Sri.Thomas Abraham

- learned Standing Counsel for the University,

whether the Controller of Examinations can take WP(C) NO. 27396 OF 2021

up Ext.P11 and dispose it of in terms of law.

He replied that, if the petitioner only

requires such an action, he will not stand in

the way of appropriate orders being issued;

however, praying that this Court may not make

any affirmative declarations in favour of the

petitioner and leave it to the said respondent

to take an appropriate decision thereon, as per

law. He submitted that he is making the afore

request also because the petitioner has already

availed of several supplementary chances, to

clear his examinations.

Taking note of the afore submissions and

without entering into the merits of any of the

rival contentions, I order this writ petition

to the limited extent of directing the

Controller of Examinations, Kerala University,

to take up Ext.P11 and dispose it of, after WP(C) NO. 27396 OF 2021

affording an opportunity of being heard to the

petitioner, as expeditiously as is possible,

but not later than one month from the date of

receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 27396 OF 2021

APPENDIX OF WP(C) 27396/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE REGULATIONS.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 13.05.2016 BY THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ORDER DATED 25.10.2019 PASSED BY THE 4TH RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P4 A TRUE COPY OF THE TABLE WHICH SHOWS THE DETAILS OF ALL THE EXAMINATIONS CONDUCTED BY THE 2ND RESPONDENT TILL 13.05.2016 FOR THE PETITIONER WHO BELONGS TO B. TECH (2008 SCHEME) OF 2009-2013 BATCH.

Exhibit P5 A TRUE COPY OF THE TABLE WHICH SHOWS THE DETAILS OF ALL THE EXAMINATIONS CONDUCTED BY THE 2ND RESPONDENT FROM 13.05.2016 TO 2019 FOR THE PETITIONER WHO BELONGS TO B.TECH(2008 SCHEME) OF 2009-2013 BATCH.

Exhibit P6 A TRUE COPY OF THE TABLE WHICH SHOWS THE DETAILS OF ALL THE EXAMINATIONS CONDUCTED BY THE 2ND RESPONDENT TILL DATE FOR THE PETITIONER WHO BELONGS TO B.TECH (2009 SCHEME), OF 2009-2013 BATCH.

Exhibit P7 A TRUE COPY OF THE NOTIFICATION DATED 26.04.2021 ISSUED BY THE 4TH RESPONDENT NOTIFYING THE EXTENSION OF LAST DATE FOR THE REGISTRATION OF 3RD SEMESTER B.TECH (2008 SCHEME) MERCY CHANCE EXAMINATIONS FOR 2010 ADMISSION.

Exhibit P8 A TRUE COPY OF THE NOTIFICATION DATED 05.05.2021 ISSUED BY THE 4TH RESPONDENT NOTIFYING THE EXTENSION OF LAST DATE FOR THE REGISTRATION OF 3RD SEMESTER B.TECH WP(C) NO. 27396 OF 2021

(2008 SCHEME) MERCY CHANCE EXAMINATIONS FOR 2010 ADMISSION.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 18.11.2021 PASSED BY THE 2ND RESPONDENT.

Exhibit P10 A TRUE COPY OF THE NOTIFICATION DATED 22.11.2021 ISSUED BY THE 4TH RESPONDENT NOTIFYING THE REGISTRATION OF 3RD SEMESTER B.TECH (2008 SCHEME-MERCY CHANCE), SUPPLEMENTARY EXAMINATIONS FOR 2008 & 2009 ADMISSIONS.

Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 22.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P12 A TRUE COPY OF THE RECEIPT DATED 23.11.2021 EVIDENCING THE SUBMISSION OF EXT. P12.

RESPONDENTS' EXHIBITS:

Exhibit R2A THE TRUE COPY OF THE UNIVERSITY ORDER NO.U.O.NO.AC.A111/4B.TECH/MC/2022 DATED 07.05.2022

//TRUE COPY//

P.A. TO JUDGE