A writ appeal filed by a student challenging the cancellation of his B.Tech admission by Mahatma Gandhi University and an affiliated college due to failing to secure the minimum marks in Mathematics. The High Court dismissed the appeal.
Writ Appeal dismissed; petitioner not entitled to continue the course; must pursue civil remedies for damages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936
WA.No. 519 of 2015 () IN WP(C).26369/2013 ------------------------------------------AGAINST THE JUDGMENT IN WP(C) 26369/2013 of HIGH COURT OF KERALA DATED 26-11-2014
APPELLANT(S):
KENTAYIS V.BENNY, S/O.V.BENNY, RESIDING AT VAKYAPARAMBIL HOUSE ETTAMANOOR, PUNNATHURA WEST P.O KOTTAYAM DISTRICT. 686 631.
BY ADVS.SRI.V.AJITH NARAYANAN SRI.RAJESH NAIR
RESPONDENT(S):
THE MAHATMA GANDHI UNIVERSITYPRIYADARSHINI HILLS KOTTAYAM DISTRICT. 686 560.
WA.No. 519 of 2015 () IN WP(C).26369/2013
ASHOK BHUSHAN , Ag. CJ, &
A.M.SHAFFIQUE, J.
W.A. No. 519 OF 2015
Dated this the 17th day of March, 2015
JUDGMENT
Shaffique, J.
This Writ Appeal is filed by the petitioner in W.P.C. No. 26369/2013 challenging the judgment dated 26-11-2014 by which the above Writ Petition was dismissed reserving the right of the petitioner to pursue civil remedies for damages before an appropriate forum.
W.A. No. 519 OF 2015 2
Thereafter, he was intimated by the College Authorities that they were informed by the Ist respondent University that the petitioner had not secured the minimum pass mark of 50% in Mathematics which was an eligibility requirement for the purpose of admission to the said course.
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Syndicate and resolved to cancel the admission of the petitioner on account of the fact that the petitioner did not have the qualifying marks in Mathemathics which is the pre-requisite qualification as per the prospectus.
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he is now asked to discontinue the course, it will affect his future. The learned counsel for the appellant also relied upon a judgment of this Court dated 30-1-2015 in W.A. No. 539 of 2015 - Jijo Mathew v. University of Kerala and Others .
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decided not to grant any such special treatment to the appellant.
Accordingly, this Writ Appeal is dismissed.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE
Sd/- A.M.SHAFFIQUE, JUDGE
ani/
/true copy/
P.S. to Judge
2 issues framed by the court
Whether the High Court can interfere with the University's decision to cancel the petitioner's admission due to lack of qualifying marks in Mathematics.
Whether the petitioner is entitled to a concession or continuation of the course despite not meeting the eligibility criteria.
Colour shows how this judgement treated each authority
Jijo Mathew v. University of KeralaDistinguished¶41
W.A. No. 539 of 2015 - Jijo Mathew v. University of Kerala and Others
Kentaisy V. Benny
The Mahatma Gandhi University
The Vice Chancellor
The Controller of Examinations
The Kottayam Institute of Technology and Science
The Commissioner for Entrance Examinations
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
