Petitioners seeking to redo internal examinations and quash conditions for redo candidates in B.A. Criminology LLB course. Court found interim order satisfied exemption needs and dismissed petition as closed.
Issues granted to five petitioners via nominal roll and hall tickets under interim order rendered petition moot.
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.
W.P(C).NO.4351/19
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941
WP(C).No.4351 of 2019
PETITIONER:
1 ANAND.S.KUMAR AGED 26 YEARS S/O. SASIKUMAR P.K, (REG. NO. 60115), LAKSHMI BHAVAN, NORTH GATE, VAIKOM, KOTTAYAM DIST. 686 141. 2 FENY JOY S/O. JOY SEBASTIAN, AGED 25, (REG. NO. 60135), PALLIKUNNEL HOUSE, CHALASSERY, EZHUMUTTAM P.O, IDUKKI DIST-685 581. 3 FREDY JACKSON PEREIRA AGED 30 YEARS S/O. ELSY JAMES PEREIRA, (REG. NO. 60136), PALACKAPARAMBIL HOUSE, WEST CHALAKUDI, THRISSUR DIST.-680 307.
4 HARIKRISHNAN R, AGED 26 YEARS, S/O. RAVEENDRANATHAN, (REG. NO. 60138), KEECHERI HOUSE, KIZHAKEKARA, MUVATTUPUZHA P.O, ERNAKULAM DIST.-686 66. 5 NOUFAL K.N. AGED 27 YEARS S/O. NAZAR, (REG. NO. 60160), KALLARACKAL HOUSE, K.S. MANGALAM P.O, VAIKOM, KOTTAYAM DISTRICT-686 608.
6 SREEJITH S, AGED 25 YEARS S/O. M.SREEKUMAR, (REG. NO. 60172), `VIJAYASADANAM', S.L.PURAM P.O, CHERTHALA, ALAPPUZHA DISTRICT-688 523.
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W.P(C).NO.4351/19
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7 VISHNU PRADEEP AGED 25 YEARS S/O. P.B. PRADEEP, (REG. NO. 60181), EDAKATHALATH HOUSE, ELOOR EAST, UDYOGAMANDAL P.O, ERNAKULAM DISTRICT-683 501.
BY ADVS. SRI.P.B.KRISHNAN SRI.MANU VYASAN PETER SRI.P.B.SUBRAMANYAN SRI.P.M.NEELAKANDAN SRI.SABU GEORGE
RESPONDENTS:
1 MAHATMA GANDHI UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, ATHIRAMPUZHA, KOTTAYAM DISTRICT-686 560.
BY ADVS. SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SR.GOVERNMENT PLEADER NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).NO.4351/19
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P.V.ASHA, J.
W.P(C) No.4351 of 2019-T
Dated this the 11th day of June, 2019
JUDGMENT
The petitioners, who are the five year B.A (Criminology) LLB (Hons), have
filed this Writ Petition seeking the following reliefs:
“ (i) issue a Writ of Mandamus or any other appropriate writ or order, directing the Respondents to permit the Petitioners to re-do the internal examinations of the B.A. Criminology LLB (Hons) Course;
(ii) issue a Writ of Certiorari quashing the condition incorporated in Ext.P3 that stipulates that only those students who have secured less than 30% marks in the internal (8 marks) and 50% in the case of internal practical marks are entitled to the opportunity to re-do the internal examinations;
(iii) issue such other orders as this Hon'ble Court may deem fit and proper to grant in the facts and on the circumstances of the case;
AND
(iv) award the Petitioners the costs of this Writ Petition.”
The petitioners have filed an affidavit stating the following:
(4) In pursuance to the interim order dated 11.03.2019, five among remitted examination fees. On 30.05.2019 the University has issued a nominal roll of external redo candidates including Petitioners No.1,5,6 & 7. The University has also issued hall ticket for the internal examination of Petitioner No.1,5,6 & 7 on 3.6.2019. The Hall ticket is not issued to Petitioner No.4 apparently since he has been declared as passed in the examination and thus cleared the course. Now, Respondent No.3 has to conduct the examination.”
In view of this, no further relief is warranted. Accordingly the Writ
Petition is closed.
Sd/(P.V.ASHA, JUDGE)
rtr/
W.P(C).NO.4351/19
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 08.10.2018 IN W.P.(C) NO. 23372 OF 2018. EXHIBIT P2 A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT, DATED 30.10.2018 IN W.P.(C) NO. 35381 OF 2018. EXHIBIT P3 A TRUE COPY OF THE ORDER ISSUED BY RESPONDENT NO.1 UNIVERSITY BEARING ACADEMIC A4 SECTION, NO.248/2019/MGU-ADMINISTRATION DATED 28.01.2019. EXHIBIT P4 TRUE COPY OF THE NOTIFICATION APPROVED BY RESPONDENT NO.2 ON 26.02.2019.
Anand.S.Kumar and others
Mahatma Gandhi University
Controller of Examinations
Government Law College
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
