High CourtsSingle Bench(2010) 09 KL CK 0190

Nithin K.T. and Others vs The Calicut University, Controller of Examinations and The Principal

High Court Of Kerala · Decided on 15 September 2010

HON’BLE JUDGES
Antony Dominic, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 23889 of 2010 (I)

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Judgment

6 paragraphs · 357 words

Antony Dominic, J.—Petitioners were B. Com students of Sree Narayana College, Nattika, Thrissur, affiliated to the 1st respondent University. They appeared for the final year examination. However, their results were not declared. Therefore, this writ petition has been filed seeking a direction to the respondent University to declare their withheld results.

2.

In the counter affidavit filed by the respondent University, it is stated that when the examination was scheduled, the Principal of the College forwarded a list of students, based on which, without any further verification, hall tickets were issued. It is stated that subsequently, when attendance particulars were forwarded by the College, it was revealed that the petitioners had shortage of attendance beyond condonable limits, and that therefore, the petitioners were ineligible even to be issued hall tickets or appear for the examination. It is stated that it is therefore that their results were withheld by the University.

3.

The affidavit shows that in so far as the petitioners herein are concerned, their shortage of attendance is of 44, 71, 48, 45, 60, 76, 85 and 51 days respectively. Learned standing counsel for the respondent University points out that the maximum permissible condonable limit of shortage of attendance is 24 days, including on genuine medical grounds.

4.

Thus, the shortage of attendance that the petitioners have, is far beyond the condonable limit. Therefore, in terms of the Regulations of the University, such students will have to re-do the course. That being the position, in view of the admitted ineligibility of the petitioners to have appeared for the examination, this Court will not be justified in issuing any direction to the University requiring them to publish the results of the examination undertaken by the petitioners.

5.

The writ petition fails and is accordingly dismissed. WP(C) No. 22220/2010

In so far as the petitioners in WP(C) No. 22220/2010 are concerned also, facts are exactly similar. Their shortage of attendance is also beyond the condonable limit, i.e. 24 days. Therefore, they are also ineligible to appear for the examination. Therefore, for the reasons stated above, this writ petition also is liable to be dismissed and I do so.