Instance Against dismissal of writ petition seeking to permit final year examination attendance and immediate revaluation result declaration. Appeal dismissed upholding university regulations barring appearance without prior year clearance.
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
FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936
WA.No. 678 of 2015 () IN WP(C).8718/2015
AGAINST THE JUDGMENT IN WP(C) 8718/2015 of HIGH COURT OF KERALA DATED 19-03-2015
APPELLANT(S):
JOHNSON K. JOHN, AGED 22 YEARS, S/O. JOHN, KADAVIL KIZHAKKEPUTHEN PURACKAL HOUSE, PARUMALA P.O. PATHANAMTHITTA DISTRICT
BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL
RESPONDENT(S):
BY SRI.VARUGHESE M.EASO, SC, M.G.UNIVERSITY
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN , Ag. CJ, &
A.M.SHAFFIQUE, J.
W.A. No. 678 of 2015
Dated this the 20th day of March, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
Heard the learned counsel for the appellant as well as the learned Standing Counsel appearing for the University.
dated 19-3-2015 in W.P. C. No. 8718 of 2015 by which the Writ Petition filed by the petitioner has been dismissed.
permit him to appear in the regular final year examination in B. Pharm subject to the result in 2nd year B. Pharm and further a
W.A. No. 678 of 2015 2
direction to respondents 1 and 2 to declare the result of revaluation in the subject Pharmaceutical Biotechnology, without further delay.
holding that the petitioner having failed in the regular and Supplementary examinations, he cannot be permitted to write the final year examination.
also applied for revaluation which results are awaited and ultimately if he passes in the revaluation, he will loose one year.
W.A. No. 678 of 2015 3
2 nd year examination as per the regulation of the University, he cannot be permitted to appear in the final examination. The submission that the revaluation result is pending, that by itself does not give any right to write the final examination when the University regulations do not permit so. We do not find any error on the part of the learned Single in dismissing the Writ Petition.
Accordingly, this Writ Appeal is dismissed.
Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE
ani/
Sd/-A.M.SHAFFIQUE, JUDGE /true copy/
P.S. to Judge
3 issues framed by the court
Whether a final year B.Pharm student can appear for final examinations without clearing the second year, regulatory examination.
Whether pending revaluation results entitle a failed student to appear for final examinations despite university regulations.
Whether the Single Judge erred in dismissing the Writ Petition seeking such permission.
Johnson K. John
The Registrar, Mahatma Gandhi University
Controller of Examination, Mahatma Gandhi University
Principal, Mahatma Gandhi University of Medical Education
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
