Kerala High Court
Rohith M vs Apj Abdul Kalam Technical ... on 24 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 2715 OF 2022
PETITIONER:
ROHITH M.,
TC 9/1973(3), KOCHAR ROAD, SASTHAMANGALAM-695010.
BY ADVS.
R.KRISHNA RAJ
R.PRATHEESH
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESMI A.
RESPONDENTS:
1 APJ ABDUL KALAM TECHNICAL UNIVERSITY,
CET CAMPUS, ALATHARA ROAD, AMBADY NAGAR,
THIRUVANANTHAURAM-695016, REPRESENTED BY ITS REGISTRAR.
2 DEAN (ACADEMIC),
APJ ABDUL KALAM TECHNICAL UNIVERSITY, CET CAMPUS,
ALATHARA ROAD, AMBADY NAGAR, THIRUVANANTHAPURAM,
KERALA-695016.
3 THE PRINCIPAL,
SREE CHITHIRA THIRUNAL COLLEGE OF ENGINEERING, NH 66,
CTO COLONY, PAPPANAMCODE, THIRUVANANTHAPURAM, KERALA-
695018.
BY ADVS.
ELVIN PETER P.J.
P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2715 OF 2022
2
JUDGMENT
The petitioner says that, on account of
serious medical issues encountered by him,
namely lack of immunity power, Asthma and
Allergy, which was exacerbated by a serious
disc prolapse, he could not write the 7th
semester examination. He concedes that there
was short fall in attendance on account of the
afore reasons and that he has preferred Ext.P5
as early as on 22.10.2021 before the 3rd
respondent - Principal of College, seeking its
condonation, which has been forwarded to the
University; and alleges that no action has been
taken thereon, in spite of the fact that he has
substantiated his plea with medical
certificates.
2. The petitioner, therefore, prays that
the University be directed to allow him to
WP(C) NO. 2715 OF 2022
register for 7th semester examination of
"Mechanical Production Engineering" and to
complete the course without any impediment.
3. When I hear Smt.E.S.Soni - learned
counsel for the petitioner on the afore lines,
it is evident that the petitioner can be
allowed to write the 7th semester examination or
have its results published, only if his
shortage of attendance is condoned as per law.
This is not an issue that this Court can speak
affirmatively on, particularly when the
petitioner has already approached the competent
Authority through Ext.P5 for such purpose,
which is now stated to be pending for the
concurrence of the University.
4. I am, therefore, of the firm view that
the petitioner must be allowed to write the
examinations, which is stated to be scheduled
on 27.06.2022, as a supplementary chance; with
a further direction to the University to
WP(C) NO. 2715 OF 2022
consider his application for condonation of
delay, after hearing him and considering his
medical certificates, with the empathy he
deserves.
Resultantly, I order this writ petition and
direct the University to allow the petitioner
to take the 7th semester examinations - which is
stated to be a supplementary chance - scheduled
on 27.06.2022; with a further direction that
the results of the same shall be published only
after the Registrar takes a decision with
respect to the condonation of delay, as applied
for by him.
Consequently, the Registrar of the
University is directed to take up the
application of the petitioner, forwarded to the
University by the Principal, and take an
apposite decision thereon, after hearing the
petitioner and after assessing his medical
certificates; thus culminating in an
WP(C) NO. 2715 OF 2022
appropriate order and necessary action thereon,
as expeditiously as is possible, but not later
than one month from the date of receipt of a
copy of this judgment.
Needless to say, the petitioner's
continuance in the course and the publication
of the results in the 7th semester examination
shall abide by the afore decision to be taken
by the Registrar.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 2715 OF 2022
APPENDIX OF WP(C) 2715/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY DR.M.V. RAMANATHAN, ORTHO SURGEON,
SREERAMAKRISHNA ASHRAMA CHARITABLE HOSPITAL,
THIRUVANANTHAPURAM DATED 18/10/2021.
Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY DR. SUJATHA KAMATH, ENT SPECIALIST,
SREERAMAKRISHNA ASHRAMA CHARITABLE HOSPITAL,
THIRUVANANTHAPURAM DATED 21/10/2021.
Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY THE DR. C. SURESH KUMAR, CHIEF PHYSICIAN,
TRIVENI NURSING HOME, THIRUVANANTHAPURAM
DATED 22/12/2021.
Exhibit P4 TRUE COPY OF THE COVID 19 TEST REPORT DATED
12/04/2021.
Exhibit P5 TRUE COPY OF THE APPLICATION SENT BY THE
MOTHER OF THE PETITIONER DATED 22/10/2022.
Exhibit P6 TRUE COPY OF THE TRUE COPY OF THE LETTER OF
THE 2ND RESPONDENT TO THE 3RD RESPONDENT
DATED 21/01/2022.
Exhibit P7 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
6/6/2022
Exhibit P8 TRUE COPY OF THE REQUEST OF THE PETITIONER TO
KTU DATED 7/6/2022
Exhibit P9 TRUE COPY OF THE GUIDELINE ISSUED BY THE 1ST
RESPONDENT DATED 14/3/2022
