Kerala High Court
Adithya Rajesh vs Mahatma Gandhi University Represented ... on 6 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:144
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
WP(C) NO. 46711 OF 2024
PETITIONER:
ADITHYA RAJESH, AGED 20 YEARS
S/O RAJESH RADHAKRISHNA MENON,
FIRST-FLOOR PMC- VIII/634,
FRIENDS LANE, AM ROAD,
PERUMBAVOOR P.O, ERNAKULAM,
PIN - 683542
BY ADVS.
STIYA SIVAN
K.R.RENJU
ASITHA M.M.
ANILA ANTONY
ANJITHA APREM
HARITHA HARINATH
ATHIRA SUDHEER V.
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS REGISTRAR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS P.O, KOTTAYAM,
KERALA, PIN - 686560
2 VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS, KOTTAYAM, PIN - 686560
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WP(C) No.46711 of 2024
2
3 THE CONTROLLER OF EXAMINATION
THE CONTROLLER OF EXAMINATIONS,
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS,
KOTTAYAM, PIN - 686560
4 SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT
REPRESENTED BY ITS PRINCIPAL
SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT,
MUTTOM, ALUVA, COCHIN,
REPRESENTED BY ITS PRINCIPAL, PIN - 683106
5 PRINCIPAL
SCMS SCHOOL OF TECHNOLOGY AND MANAGEMENT,
MUTTOM, ALUVA, COCHIN, PIN - 683106
BY ADV SRI. SURIN GEORGE IPE, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.46711 of 2024
3
JUDGMENT
Dated this the 6th day of January, 2025
The petitioner enrolled in the Bachelor of Computer
Applications (BCA) Program at the 4th respondent-College for
the 2023-2026 Batch. The 4th respondent-College is affiliated
with the 1st respondent-University. The petitioner successfully
completed two semesters, and he passed all six subjects in
the first the third semesters and three subjects in the 2nd
semester. Semester classes of the petitioner started on
10.07.2024 and ended on 29.10.2024.
2. In the meantime, the petitioner was not able
to attend some classes due to the various illnesses he
suffered, like bronchitis, food infection, etc. He was under
treatment at Anugraha Medical Centre, Kakkanad. The
examination for the 3rd semester commenced on 19.11.2024
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and the petitioner was well prepared for the said examination.
In view of the same, on 18.10.2024, the petitioner paid fee for
the 3rd semester examination. However, the petitioner was not
allowed to register and appear for the 3rd semester
examination due to shortage of attendance. The petitioner's
shortage of attendance occurred for reasons and
circumstances beyond his control. The 5 th respondent did not
consider the extenuating circumstances that prevented the
petitioner from attending classes.
3. As per MGU-UGP (Honours), it adopted a 4-
year undergraduate program (FYUGP). As per the above
regulations, the program in question is vanishing and the
petitioner belongs to the last Batch. So, there is no
corresponding Batch for the 3rd semester. If the shortage of
attendance in the 3rd semester is not condoned, the petitioner
will not be able to redo the said semester since the course is
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not open now. The petitioner will have to redo the BCA
Program from the start. The petitioner states that this issue
can be resolved only by directing the University to condone
the absence of the petitioner for the 3rd semester and also to
allow the petitioner to write Supplementary Examinations of
the 3rd semester of the BCA 3-year Program in question.
4. This Court took a lenient approach to a
student who was in a similar situation by directing the
University to condone the absence as a special case and also
allowed him to write Supplementary Examinations. As per
Ext.P7 order, this Court has also directed the College to
permit the student to continue with the present Batch. Now,
the classes for the 4th semester have already started on
02.12.2024. If the petitioner is not permitted to attend the
4th semester classes and to write the Supplementary
Examination of the 3rd semester, he will be put to irreparable
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injury, loss and hardship, contends the petitioner.
5. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing
respondents 1 to 3. In view of the nature of the relief to be
granted in the writ petition, notice to respondents 4 and 5 is
dispensed with.
6. Ext.P8 is the representation submitted by the
petitioner to the Controller of Examination, Mahatma Gandhi
University seeking condonation in the matter of attendance.
Standing Counsel would submit that the Registrar is the
competent authority to grant condonation. In the
circumstances it would be only just and proper to permit the
petitioner to approach the Registrar by filing appropriate
representation.
7. The writ petition is accordingly disposed of
permitting the petitioner to file a fresh representation before
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the Registrar of the 1st respondent-University, within a period
of one week. If the petitioner submits such a representation,
the Registrar shall consider the same and take a decision
thereon within a period of ten days from the date of receipt of
a copy of the representation. The petitioner shall serve a
copy of the writ petition on the Registrar of the 1 st respondent-
University along with a copy of the judgment, for compliance.
In the meanwhile, there will be an interim order
directing the 5th respondent to permit the petitioner to attend
the 4th semester classes provisionally. It is made clear that
this order will not give any equitable right to the petitioner.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:144
APPENDIX OF WP(C) 46711/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE PETITIONER'S RESULT
IN THE FIRST-SEMESTER EXAMINATION.
Exhibit P-2 A TRUE COPY OF THE PETITIONER'S RESULT
IN THE SECOND-SEMESTER EXAMINATION.
Exhibit P-3 A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY ANUGRAHA MEDICAL CENTRE
KAKKANAD TO THE PETITIONER.
Exhibit P-4 A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY ANUGRAHA MEDICAL CENTRE,
KAKKANAD.
Exhibit P-5 A TRUE COPY OF THE COMPUTER PRINTOUT
OF FEE PAYMENT RECEIPT NO. 2024/24795
DATED 18/10/2024 ISSUED BY THE 4TH
RESPONDENT COLLEGE TO THE PETITIONER.
Exhibit P-6 A TRUE COPY OF THE COMMUNICATION
LETTER DATED 12/12/2024 SENT BY THE
5TH RESPONDENT TO THE 3RD RESPONDENT.
Exhibit P-7 A TRUE COPY OF THE ORDER DATED
30/01/2019 OF THIS HON'BLE COURT IN RP
NO.1052/2018 IN W.P.(C) 25016/2018.
Exhibit P-8 A TRUE COPY OF THE REPRESENTATION
DATED 16/12/2024 SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT.
