Kerala High Court
Muhammed Adhil K vs Mahathma Gandhi Univeristy, Kottayam on 14 November, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:84981
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 40052 OF 2024
PETITIONER:
MUHAMMED ADHIL K
AGED 20 YEARS
S/O. UMMAR KOYA MK, MAMMUKKANAKATH HOUSE, GYM
ROAD, PONNANI, MALAPPURAM DISTRICT, PIN - 679 577.
BY ADV. E.C.AHAMED FAZIL
RESPONDENTS:
1 MAHATHMA GANDHI UNIVERISTY, KOTTAYAM
PRIYADARSHINI HILLS, POST, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR,
PIN - 686 560.
2 THE CONTROLLER OF EXAMINATIONS
MAHTHMA GANDHI UNIVERSITY, ADMINISTRATIVE BLOCK,
PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS RD,
ATHIRAMPUZHA, KOTTAYAM, PIN - 686 560.
3 THE PRINCIPAL, SCMS SCHOOL OF TECHNOLOGY AND
MANAGEMENT
PRATHAP NAGAR, MUTTOM, ALUVA, ERNAKULAM,
PIN - 683 576.
BY ADV. SURIN GEORGE IPE, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40052 OF 2024 : 2 :
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JUDGMENT
The petitioner is a Student of 5th semester B.Com
(Finance and Taxation) in the 3rd respondent College.
It is stated that the petitioner met with an accident
on 21.08.2024, and was hospitalized for a period of
21 days and was advised bed rest for another two
months. Therefore, the petitioner could not attend
class and has shortage of attendance. The petitioner
has submitted Ext.P4 request by E-mail to the
University and College for condonation of shortage of
attendance. It is stated that the examination for the
5th semester is scheduled on 18.11.2024. Accordingly,
the petitioner prays for direction to respondents to
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permit him to attend the 5th semester examination for
B.Com (Finance and Taxation).
2. As per Clause 10A.6 of the Examination
Manual published by the University, the candidate
has to submit application in the prescribed format
before the Principal of the College for condonation of
shortage of attendance. It is for the Principal to
forward the application filed along with receipt of
fees for condonation shortage of attendance to the
Controller of examination. On receipt of such
application, the Manual provides for scrutiny of such
applications in the office of Controller of
Examinations and the Controller shall pass an order
either accepting or rejecting the application for
condonation of shortage of attendance. Admittedly,
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the petitioner has not submitted any application for
condonation of shortage of attendance to the
Controller of Examinations through the Principal in
the prescribed format.
3. There will be a direction to the petitioner to
submit application for condonation of shortage of
attendance in prescribed format before the Head of
the Institution, 3rd respondent and the Head of the
Institution shall forward the same to the Controller of
Examination for considering the said application in
accordance with law. The petitioner is provisionally
permitted to attend the 5th semester examination for
B.Com (Finance and Taxation) scheduled on
18.11.2024 as per Ext.P3. The appearance of the
petitioner in the examination will be purely
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provisional and subject to the decision to be taken by
the Controller of Examination on the application to be
submitted by the petitioner for condonation of
shortage of attendance.
The writ petition is disposed of with the said
directions.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:84981
APPENDIX OF WP(C) 40052/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TESTIMONIAL DATED 06.11.2024
ISSUED BY DR. PAUL GE.OROGE, ASTER MEDI CITY,
ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS OF PETITIONER'S
LEGS DATED NIL.
EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OF EXAM
NOTIFICATION/TIME TABLE DATED 10.10.2024,
HAVING REF NO. EA/1/1/101/2024/CBCS(2) ISSUED BY
MAHATHMA GANDHI UNIVERSITY, KOTTAYAM.
EXHIBIT P4 TRUE COPY OF THE EMAIL REPRESENTATION DATED
16.10.2024 SEND BY PETITIONER TO UNIVERSITY
AND OFFICIALS OF COLLEGE.
