Kerala High Court
Biju Thomas vs Mahatma Gandhi University on 3 March, 2010
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27052 of 2009(B)
1. BIJU THOMAS, S/O.K.J.THOMAS,
... Petitioner
Vs
1. MAHATMA GANDHI UNIVERSITY,
... Respondent
2. THE VICE CHANCELLOR, MAHATMA GANDHI
3. THE CONTROLLER OF EXAMINATIONS,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.27052 OF 2009
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Dated this the 3rd day of March, 2010.
J U D G M E N T
The petitioner was a B.Sc Electronics (3 year course - old scheme) Degree student of Mar Augustinose College, Ramapuram in Kottayam. He had completed the said course during 1996- 1999. The main prayer in the writ petition is for a direction to the University to conduct the 2nd and 4th semester examination for B.Sc Electronics Degree course (old scheme).
2. It is pointed out by the petitioner that many adverse factors like adverse financial conditions etc. resulted in the petitioner unable to attend the various examinations from time to time. He had to go to Mumbai in search of a job also. The syllabus was changed by the University in the year 2001. Even though supplementary examination was conducted by the University under the old scheme, the petitioner could not appear. Even though he had represented the matter by Exhibit P5, that was rejected by Exhibit P6 by the Controller of Examinations. W.P.(C) No.27052/2009 2
3. On behalf of the respondents, a statement has been filed. It is averred in the statement that as per the scheme and syllabus of the course (B.Sc Electronics), a candidate shall be required to complete the course within a period of five years after joining the course and the number of chances allowed for a candidate to pass the examinations shall be four only. It is also pointed out that a last mercy chance was given to old scheme students to clear of their failed papers during November 2007 as per the University order dated 15.01.2007.
4. The petitioner had raised a contention that there was no proper publicity in the matter. This Court, therefore, directed the respondents to file an additional statement. Annexures A to C are the copies of the notification and press release produced by the University now.
5. According to the learned counsel for the petitioner, B.Sc Electronics Degree course under the old scheme is not covered by the notification. Only 18 students are there under the old scheme. The competent body to take a decision in the matter is the Academic Council.
W.P.(C) No.27052/2009 3
Therefore, if the petitioner or any other students under the old scheme along with him files an appropriate representation before the Academic Council within a period of three weeks along with a copy of this judgment, the same will be considered by the Academic Council sympathetically. If the meeting of the Academic Council is not being held in the near future, the representation will be considered by the Vice Chancellor of the University within a period of two months.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp