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2022 Supreme(Online)(KER) 54787
HIGH COURT OF KERALA
Devan Ramachandran, J
NAIN ALOSIOUS – Appellant
Versus
MAHATMA GANDHI UNIVERSITY - M.G.UNIVERSITY – Respondent
WP(C)/39070/2022
O.D.SIVADAS
Provisional examination permission can be granted while allowing for a subsequent formal request for attendance condonation based on medical grounds.
Headnote:
Attendance - Education - Act Section List - The court directed the university to allow the petitioner to take her examinations provisionally while permitting her to apply for condonation of attendance shortage due to a medical condition.
Fact of the Case:
The petitioner requested permission to write her examinations despite a shortage of attendance caused by a spinal injury from an accident.
Finding of the Court:
The court recognized the need to allow the petitioner to take the exams provisionally while addressing her attendance shortage through formal application for condonation.
Issues: Whether the petitioner can be allowed to sit for examinations despite a shortage of attendance due to a medical condition.
Ratio Decidendi: The court ruled that provisional permission can be granted to ensure the petitioner's rights are protected while addressing the legal provisions for condonation of attendance.
Final Decision: The petitioner is allowed to sit for her examinations provisionally and can apply for condonation of attendance shortage.
JUDGMENT
The petitioner faces shortage of attendance, which she says is solely because she had suffered a spinal injury on account of an accident. She thus prays that respondents be directed to allow her to write the examinations for the 5th semester of B.Com - “Travel and Tourism Model III”, which is to commence on 12.12.2022.
2. Sri.Surin George Ipe – learned Standing Counsel for the MG University, submitted that, whatever be the reason, the petitioner seems to be suffering from acute shortage of attendance; and that, unless the same is condoned as per law, her right to write the examinations does not arise. He, however, conceded that if the petitioner has suffered an accident, thus, incapacitating her from attending the classes, it may be an issue that can be considered by the competent Authority of the University; however, praying that no afÏrmative declarations be made in her favour.
3. I notice from the files that the summons issued to the 3rd respondent has not been returned. However, I am of the view that, this Court will be justified in disposing of this writ petition, since, the directions that I propose therein will not prejudice them, and also because, any further delay would be deleterious to the petitioner.
In the afore circumstances, I dispose of this writ petition with the following directions:
a) The respondents will permit the petitioner to remit the fee for the examination in question and to write the same, commencing from 12.12.2022, provisionally.
b) The petitioner will get liberty to make an appropriate application for condonation of delay before the University, which is to be routed through the 3rd respondent – Principal, along with all necessary documents and inputs; which shall be done within a period of one week from the date of receipt of a copy of this judgment.
c) On the 3rd respondent – Principal receiving the fees from the petitioner, same shall be remitted to the account of the University forthwith.
d) As and when the petitioner makes a request for condonation of delay in terms of the afore liberty, same shall be forwarded by the 3rd respondent to the competent Authority of the University, which shall then consider it in terms of law, within a period of one month thereafter.
e) If, through the afore exercise, the petitioner’s shortage of attendance is condoned by the University, then her results of the examinations above will be declared.
