Kannur University appealed against a Single Judge's order directing it to declare results for a student admitted with 44.888% marks albeit a 45% minimum. The High Court held the student completed her course bona fide without objection, dismissing the appeal and upholding the direction to declare results.
The writ appeal was dismissed; no order on costs.
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 CHIEF JUSTICE MR.ANTONY DOMINIC &
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 21ST DAY OF MARCH 2018 / 30TH PHALGUNA, 1939
WA.No. 577 of 2018 IN WPC. 23979/2012
AGAINST THE JUDGMENT IN W.P(C)NO. 23979/2012 of HIGH COURT OF KERALA DATED 14-08-2017
APPELLANT(S)/1ST RESPONDENT
KANNUR UNIVERSITY MANGATTUPARAMBA, KANNUR 670 563, REPRESENTED BY ITS REGISTRAR.
BY ADVS.SRI.M.SASINDRAN
SRI.S.SHYAM KUMAR
RESPONDENT(S)/PETITIONER:
R1 BY SRI.SUNIL NAIR PALAKKAT R2 BY SRI.T.K.VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
ANTONY DOMINIC, C.J. &
DAMA SESHADRI NAIDU, J.
Writ Appeal No. 577 of 2018 -----------------------------------------Dated: 21st March 2018
J U D G M E N T
Dama Seshadri Naidu, J.
The 1st respondent, Ms Naveena, pursued her B.Ed. Course in the 2nd respondent College during the academic year 2011-12. While getting admitted, she submitted all her credentials, including the academic records. And the 2nd respondent College verified the admission criteria and admitted her. Not only that, the College even allowed Naveena to complete the course.
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learned Single Judge has held that if at all anybody to be blamed—for what seems to be a wrongful admission—it would be the 2nd respondent College, and for that the student could not be penalized.
the erring college to pay Rs.10,000/- as cost to the University. Besides, he directed the University to declare the results and allow the student to have her degree if she has passed the examination. Under these circumstances, the Kannur University, to which the 2nd respondent College has been affiliated, filed this writ appeal.
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examination, too, although thanks to an interim direction. At no point of time did the University or the College point out the defect in the admission process.
The writ appeal is dismissed. No order on costs.
Sd/ANTONY DOMINIC, CHIEF JUSTICE.
Sd/DAMA SESHADRI NAIDU, JUDGE.
jjj 21/03/2018
3 issues framed by the court
Whether a student who completed her course in good faith despite a technical deficiency in admission marks is entitled to appear for the final examination and receive certificates.
Whether the doctrine of rounding off marks should apply to admission criteria for backward category candidates.
Whether the writ appeal filed by the University challenging the lower court order should be allowed.
Kannur University
Naveena
Crescent B.Ed College
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
