Kerala High Court

Onici B Thevarmadom vs Mahatma Gandhi University on 6 January, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                  WP(C) NO. 41604 OF 2022
PETITIONER/S:

         ONICI B THEVARMADOM,
         AGED 22 YEARS
         D/O BIJU THEVARMADOM,
         RESIDING AT THEVARMADOM HOUSE,
         ADIMALI.P.O., MACHIPLAVU,
         IDUKKI DISTRICT.
         BY ADVS.
         K.M.ANEESH
         K.SANTHOSH KUMAR (KALIYANAM)
         ADARSH KUMAR
         DILEEP CHANDRAN
         SHASHANK DEVAN


RESPONDENT/S:

    1    MAHATMA GANDHI UNIVERSITY,
         REPRESENTED BY ITS REGISTRAR,
         PRIYADARSHINI HILLS, ATHIRAMPUZHA,
         KOTTAYAM - 686560.
    2    THE VICE CHANCELLOR,
         MAHATMA GANDHI UNIVERSITY,
         ATHIRAMPUZHA, KOTTAYAM-686560.
    3    THE REGISTRAR,
         MAHATMA GANDHI UNIVERSITY,
         ATHIRAMPUZHA, KOTTAYAM- 686560.
    4    THE CONTROLLER OF EXAMINATIONS,
         MAHATMA GANDHI UNIVERSITY,
         ATHIRAMPUZHA, KOTTAYAM- 686560.
    5    THE PRINCIPAL, ASIAN SCHOOL OF
         ARCHITECTURE AND DESIGN INNOVATIONS,
         SILVERSAND ISLAND, VYTTILA, ERNAKULAM.
         PIN 682019, EMAIL: [email protected]
         BY ADVS.
                                         -2-
W.P.(C). No. 41604 of 2022



                KURIAN GEORGE KANNANTHANAM (SR.)
                TONY GEORGE KANNANTHANAM
                THOMAS GEORGE


OTHER PRESENT:

                SURIN GEORGE IPE, SC


        THIS       WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON     06.01.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 41604 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No.41604 of 2022
                         =============================================================

                    Dated this the 6th day of January, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(a) Issue a writ of mandamus or such other order, relief, or direction, directing the competent among the respondents to consider the Exhibit P2 representation sympathetically and to pass orders within a time frame as fixed by this Hon'ble Court and permit the petitioner to remit fees for the 6th semester examination.

(b) Issue a writ of mandamus or such other order, relief, or direction, directing the respondent university to direct the 6th respondent to conduct re jury to the petitioner within the time that may be prescribed by this Hon'ble Court.

c) This Hon'ble court may be pleased to dispense with the production of the English translation of the vernacular documents.

d) To grant such other reliefs as this Hon'ble Court may deem fit." (sic)

2. The petitioner is the 6th semester B. Arch student

studying at Asian School of Architecture in which the 5 th

W.P.(C). No. 41604 of 2022

respondent is the Principal. It is the case of the petitioner that

while she was undergoing her 5th semester classes, she

encountered with depressive disorder and anxiety which affected

her daily routine. It is also the case of the petitioner that she was

under constant medication from March 2022 onwards under the

supervision of Dr. Sumesh T.P., Associate Professor of

Psychiatry, Government Medical Collage Alappuzha. It is

submitted that during the period from August to October 2022,

the petitioner was constrained to stop the medication due to the

side effects and this affected the petitioner from attending the

classes. It is submitted that the duration of each semester of

B.Arch course is six months. However, the 6th semester course of

the petitioner started during August 1st week and ended in 30th

October. As per the rules of the respondents, the attendance will

be counted based on the percentage of total number of working

hours. It is submitted that the petitioner could not obtain the

required attendance in order to attend the 6th semester

W.P.(C). No. 41604 of 2022

examination due to the above reasons. It is stated in the writ

petition that the petitioner is already undergoing through a

difficult chapter of her life and is under great mental depression,

stress, and medication. Due to the lack of attendance with respect

to the 6th semester, the 5th respondent has not permitted the

petitioner to attend the jury examination and informed that the

petitioner will not be permitted to write the semester

examination. Showing all her situations and difficulties and

reasons for not able to attend the 6" semester classes, the

petitioner herein submitted a representation to the 4th and 5th

respondent requesting to consider her situation and allow her

attend the 6th semester examination. However no action has been

taken by the respondents. Hence this writ petition is filed.

3. Heard the counsel for the petitioner and the Standing

Counsel appearing for the University. I also heard learned Senior

W.P.(C). No. 41604 of 2022

Counsel Adv.Kurian George Kannanthanam, instructed by

Adv.Thomas George for the 5th respondent.

4. Admittedly there is shortage of attendance to the

petitioner beyond the condonable limit. The case of the petitioner

is that she was sick and she was not in a position to attend the

class during that period. The petitioner relied on a judgment of

this Court dated 14.12.2022 in WP(C) No.39667 of 2022. It will

be better to extract the relevant portion of the above judgment

here:

"2. Sri. P.M.Saneer - learned Counsel for the College, submitted that additional classes can be taken for the petitioner with respect to the 5 semester, provided he co- operates, so that he can then achieve the benchmark attendance figure.

3. Sri Surin George Ipe - learned Standing Counsel for the University, submitted that, if the petitioner is able to obtain the requisite attendance, he can apply to the University for construing the supplementary examinations to be taken by him in future, as being his first chance. He submitted that this will be considered by the University with all deserving empathy.

W.P.(C). No. 41604 of 2022

In the afore circumstances, I dispose of this writ petition, with the following directions:

a. The College is directed to take additional classes for the petitioner with respect to the 5th semester, and also to provide him laboratory and project experience, as is necessary.

b. The petitioner will fully co-operate with the effort of the College and try to achieve the attendance without any avoidable leave or absence.

c. On the petitioner obtaining the necessary attendance, the College will forward his relevant papers to the University without any delay, but not later than one week. thereafer.

d. The petitioner is left liberty to approach the College seeking that the next supplementary examination be reckoned as being his first chance; and this shall be considered by its competent Authority with full empathy, taking note of his rather peculiar difficulties.

Needless to say, though the afore liberties have been reserved, the rival contentions are left open and it is clarified that the directions herein cannot be seen as being a precedent, but applicable solely to the petitioner, in the context of the singular circumstances presented."

5. The petitioner submitted that similar consideration

may be given to the petitioner also. The Senior Counsel, who

W.P.(C). No. 41604 of 2022

appeared for the 5th respondent submitted that there is no

guidelines as far as the additional classes to be taken to the

petitioner to make up the attendance. The Senior Counsel

submitted that if any guideline is issued by the University, the

College has no objection in doing the needful, in accordance to

law. If that be so, there can be a direction to the University to

consider Ext.P3 within a time limit, after giving an opportunity of

hearing to the petitioner and the 5th respondent.

Therefore, this writ petition is disposed of directing the 4 th