Kerala High Court
Arthur Christeen vs Mahatma Gandhi University on 27 October, 2023
WP(C) No.34894/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Friday, the 27th day of October 2023 / 5th Karthika, 1945
WP(C) NO. 34894 OF 2023(J)
PETITIONER:
ARTHUR CHRISTEEN, AGED 21 YEARS, SON OF LINUS BAIJU, PALLIPARAMBIL
HOUSE, MANJUMMEL, ERNAKULAM ,KERALA, PIN - 682501
RESPONDENTS:
1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM, KERALA, PIN - 686560
2. VICE CHANCELLOR, MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS,
ATHIRAMPUZHA, KOTTAYAM, KERALA , PIN - 686560
3. THE CONTROLLER OF EXAMINATIONS, MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM, KERALA , PIN - 686560
4. THE PRINCIPAL, KMEA COLLEGE OF ARCHITECTURE, MOOCHAMKULAM,
KUZHIVELLIPADY, EDATHALA, ALUVA, KERALA , PIN - 683561
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to provisionally allow the petitioner
to attend the 4th re-jury exam to be conducted after 26.10.2023 or any
other date subject to the final outcome of the above writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. REKHA VASUDEVAN, ELIZABETH V.JOSEPH, ROJIT ZACHARIAH, SOYA D.C,
MAHESH C.R., Advocates for the petitioner, the court passed the following:
P.T.O
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WP(C) No.34894 of 2023
1
T.R.RAVI, J.
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WP(C) No.34894 of 2023
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Dated this the 27th day of October, 2023
ORDER
The petitioner has shortage of attendance and hence
was not permitted to appear for the fourth semester
examinations which commenced on 16.10.2023. The petitioner
submits that it was due to certain medical issues for which he
is under constant therapy. He prays that he may be permitted
to write the re-jury examination which is scheduled after the
written examination. It is further submitted that the date for
the re-jury examination is now scheduled on 30.10.2023.
Reference is made to Exts.P6 and P7 judgments of this Court
wherein this Court had taken note of the medical issues faced
by the students and granted permission to take the re-jury
examination. As in the case of the petitioners before this Court
in Exts.P6 and P7, in the case of the petitioner here also, the
shortage of attendance is beyond the condonable limit of ten
days. In such circumstances, there will be an interim direction
to the third respondent to consider the case of the petitioner
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WP(C) No.34894 of 2023
sympathetically and pass necessary orders. Pending a decision
being taken by the third respondent, the respondents are
directed to allow the petitioner to provisionally appear for the
re-jury examination- which is scheduled to be held on
30.10.2023. The University shall accept the fee physically if the
same is tendered at the University Office, Kottayam, tomorrow
itself.
Sd/-
T.R.RAVI, JUDGE
H/o
sn
27-10-2023 /True Copy/ Assistant Registrar
WP(C) No.34894/2023 4/4
APPENDIX OF WP(C) 34894/2023
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 06.01.2023 IN W.P.(C)
NO. 41604 OF 2022.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 05.04.2023 IN W.P.(C)
NO. 12051 OF 2023 PASSED BY THIS HONOURABLE COURT.
27-10-2023 /True Copy/ Assistant Registrar
