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2012 Supreme(Online)(KER) 34647
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
ALIF HAMMUDI – Appellant
Versus
MAHATMA GANDHI UNIVERSITY – Respondent
WRIT PETITION (CIVIL) 28717/2012
The court affirmed its authority to grant provisional examination permissions while deferring final decisions to relevant educational authorities.
Headnote:
Examination - Students - Writ Petition for Attendance Permission - N/A - The court allowed provisional permission for students to appear for examinations, reinforcing the importance of administrative processes and potential university flexibility.
Fact of the Case:
Students filed a writ petition seeking permission to attend examinations due to attendance shortage, which the college did not approve, despite multiple appeals.
Finding of the Court:
The court permitted students to attend practical and theory examinations provisionally, subject to the university's final decision, emphasizing timely administrative actions.
Issues: Whether students should be allowed to attend examinations despite attendance shortages and the college's refusal to process applications.
Ratio Decidendi: The court determined that provisional permission is within its power to ensure students' rights while leaving final decisions to the university, highlighting judicial intervention in educational matters.
Final Decision: Writ petition disposed of allowing provisional examination attendance.
J U D G M E N T
This writ petition is filed by the petitioners who are students of the 4th respondent College seeking for permission to attend the theory and practical examinations. The issue raised by the petitioners mainly is that there is shortage of attendance and even though the 4th respondent was approached, the applications have not been accepted.
2. The 4th respondent has filed a counter affidavit already wherein various aspects have been pointed out. This Court, by interim order dated 04.12.2012, directed the 2nd petitioner to approach the Principal for submitting the application along with required documents and both were allowed to participate in the practical examinations provisionally subject to the orders to be passed by the University. It was also directed that the applications will be duly forwarded by the Principal to the University. The petitioners have attended the practical W.P.(C) No.28717/2012 2 examinations already. Now the examinations of theory papers are remaining. Therefore, they will be allowed to appear for the examinations provisionally which will be subject to the orders to be passed by the University.
3. Learned counsel for the 4th respondent submitted that only if the applications are allowed by the University, permission granted by this Court to appear for the examination can be regularised.
Therefore, appropriate decision will be taken by the University as expeditiously as possible, at any rate, within a period of two months.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp
