Stenny Mary Abraham vs Mahatma Gandhi University - ...
2022 Latest Caselaw 7173 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 17239 OF 2022
PETITIONER:

            STENNY MARY ABRAHAM
            AGED 23 YEARS
            D/O BENCY ZACHARIAH, PULIMOOTTIL (H), MAKKAPPUZHA P.O.,
            MANNAMARUTHY, RANNI, PATHANAMTHITTA., PIN - 689676

            BY ADVS.
            VIVEK.P.K
            RAHUL SASI
            NEETHU PREM
            MANU K. MURALI



RESPONDENTS:

    1       MAHATMA GANDHI UNIVERSITY - M.G.UNIVERSITY
            REPRESENTED BY IT'S REGISTRAR
            PRIYADARSHINI HILLS P.O.
            UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA
            KOTTAYAM., PIN - 686560

    2       VICE-CHANCELLOR
            MAHATMA GANDHI UNIVERSITY
            PRIYADARSHINI HILLS P.O.
            UNIVERSITY CAMPUS ROAD
            ATHIRAMPUZHA
            KOTTAYAM, PIN - 686560

            BY ADV SURIN GEORGE IPE     SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17239 OF 2022
                                       2



                                 JUDGMENT

The petitioner seeks grace marks to be

added to certain papers of the 4th and 6th

semester examinations of B.Sc, (Zoology)

course completed by her from the Mahatma

Gandhi University ('University' for short).

2. The petitioner asserts that she had

attended the National Cadet Corps (NCC) State

camp at Pathanamthitta between 20.12.2018 and

29.12.2018; and thereafter had passed

'Certificate C' examination conducted by the

NCC in the year 2019. She submits that though

she had approached the University for grant of

eligible grace marks, based on the afore

certificate, it was not considered; thus

constraining her to prefer Ext.P6 application

before the Vice Chancellor on 06.09.2021. She,

therefore, prays that University be directed

to grant her eligible grace marks on the WP(C) NO. 17239 OF 2022

strength of the afore mentioned certificate,

so that she can pass the examinations.

3. The afore submissions of Sri.P.K.Vivek

- learned counsel for the petitioner, were

answered by Sri.Surin George Ipe - learned

Standing Counsel for the University, saying

that neither Ext.P6 nor the original of the

certificate, which the petitioner asserts to

have obtained from NCC has been received by

the University until now. He submitted that,

therefore, no relief can be granted to her.

4. In response, Sri.P.K.Vivek - learned

counsel for the petitioner, submitted that the

applicable Regulations permit his client to

make an application with late fee and prayed

that this may be permitted to his client.

5. I, therefore, asked Sri.Surin George

Ipe - learned Standing Counsel for the

University whether this course can be acceded

to, to which, he did not oppose and said that WP(C) NO. 17239 OF 2022

he leaves it to this Court to take an apposite

decision.

6. When I consider the afore submissions,

it is indubitable that if the petitioner is

to obtain the eligible grace marks based on

the Certificate obtained from the NCC, it must

certainly be taken into account by the

University, provided there is an applicable

Regulation/Rule which permits condonation of

delay, since otherwise, she would be denied

the said benefits solely because of efflux of

time.

Resultantly, I dispose of this writ

petition - however, ordering that the

directions herein will not be treated as a

precedent, but only to be applied to the

peculiar facts of this case - with a

direction to the University to accept the

application to be made by the petitioner,

along with late fee, if necessary. If this is WP(C) NO. 17239 OF 2022

done by the petitioner within a period of one

week from the date of receipt of a copy of

this judgment, same shall be considered by the

competent Authority of the University, after

hearing her; thus culminating in an

appropriate order and necessary action

thereon, as expeditiously as is possible.

Needless to say, I have not spoken on the

entitlement of the petitioner to relief; but

that the afore directions are only to enable

her to make an application, so that it can be

considered by the competent Authority in terms

of law.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 17239 OF 2022

APPENDIX OF WP(C) 17239/2022

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CAMP ATTENDANCE CERTIFICATE OF THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE NATIONAL CADET CORPS (NCC) CERTIFICATE C OF THE PETITIONER

Exhibit3 THE TRUE COPY OF THE CIRCULAR NO.

1013/01/AC.A VIII/2017, DATED 20.02.2017 ALONG WITH TRANSLATION.

Exhibit P4 THE TRUE COPY OF THE 4TH SEMESTER B.SC ZOOLOGY MODEL I MARK LIST OF THE PETITIONER

Exhibit P5 . THE TRUE COPY OF THE 6TH SEMESTER B.SC ZOOLOGY MODEL I MARK LIST OF THE PETITIONER.

Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED 06.09.2021 ALONG WITH TRANSLATION.