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2018 Supreme(Online)(KER) 61989
HIGH COURT OF KERALA
SHAJI P.CHALY, J
vs
WRIT PETITION (CIVIL) 14049/2018
SRI.B.MOHANLAL, SRI.S.KRISHNAMOORTHY
Officials must evaluate attendance condonation requests fairly, especially citing medical grounds, ensuring compliance with applicable rules.
Headnote:
Attendance - Writ Petition - N/A - The court directed the competent authority to decide on the petitioner's application for condonation of attendance on medical grounds, emphasizing adherence to legal provisions and timely consideration due to the impending examination.
Fact of the Case:
The petitioner, lacking sufficient attendance due to medical issues, seeks to be allowed to take an examination despite these attendance shortfalls, asserting that application for condonation of attendance is pending.
Finding of the Court:
The court acknowledged the petitioner's medical grounds for absence and required the University to decide promptly on the pending application in accordance with legal guidelines before the scheduled examination.
Issues: Whether the petitioner is entitled to condonation of attendance on medical grounds to appear for the examination.
Ratio Decidendi: The court established that the relevant authorities must consider petitions on their merits, particularly under situations involving medical circumstances impacting attendance.
Final Decision: The court disposed of the writ petition directing a timely decision on the application for attendance condonation.
J U D G M E N T
This writ petition is filed by the petitioner seeking the following reliefs:
“i. To call for the records leading to the Petitioner's Case from the Respondents.
ii.To issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to condone the Shortage of Attendance of the Petitioner for the VI Semester B.Tech Degree Course (Computer Science) on Medical Grounds and permit the Petitioner to appear for the Examination on
26/04/2018 as per Ext.P10 within stipulated time as directed by this Hon'ble Court.
iii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to consider and dispose of Ext.P11 within a stipulated time as directed by this Hon'ble Court and condone the Shortage of Attendance of the Petitioner for VI Semester B.Tech Degree Course (Computer Science) on Medical Grounds and permit the Petitioner to appear for the Examination on 26/04/2018 as per Ext.P10. (iv) To declare that the Petitioner is entitled to get Condonation of Attendance on Medical Grounds and to appear for the VI Semester B.Tech Degree Course (Computer Science)
Examination on 26/04/2017 as per Ext. P10.”
2. From the pleadings put forth it is evident that the petitioner is not issued with the hall ticket consequent to attendance shortage. According to the petitioner, the College Authorities had found that the petitioner has got 55% attendance and that the absence of the petitioner was on W.P.(C) No. 14049 of 2018 account of medical reasons. Any how, Ext. P11 application submitted by the petitioner is pending consideration before the University and the University will have to take a decision, in accordance with law and as per the Rules and guidelines in force.
3. Having regard to the facts and circumstances of the case and hearing the respective counsels across the Bar, there will be a direction to the competent among the respondents to take a decision on Ext.P11, in accordance with law, at the earliest and also bearing in mind that the examination is scheduled from 26.4.2018.
Writ petition is disposed of, accordingly.
