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Nirmal Zachariah

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

Petitioner is a student, who joined M.Tech course commencing in 2012 and concluding in 2014 under the respondent University. The course is comprised of four semesters. As per the Regulations of the University, only if the candidate clears all papers, upto and including the 2nd semester examinations, he/she can participate in the 4th semester examinations. Admittedly, petitioner herein did not qualify in one of the papers in the 2nd semester examinations and for the papers in which he failed, he had appeared for the supplementary examinations. Petitioner, by the above writ petition, seeks provisional admission to the examinations of the 4th semester subject however, to the result of the supplementary examinations of the earlier 2nd semester. WP(C).27551/14 2
2. The issue is covered by the judgment in a series of writ petitions filed by almost similarly placed candidates, one of which is W.P.(C)No.24761 of 2014. Learned standing counsel points out a distinction, insofar as the petitioners in the earlier cases were appearing for the first time in the supplementary examinations of the 2nd semester. In the present case, the petitioner has failed in one paper in the 2nd semester and such permission could be granted only if the present supplementary examinations, the results of which are yet to be declared, was the first supplementary chance of the student, in the 2nd semester.
3. In such circumstances, if the petitioner files a representation prior to the last date of fee remittance before the Vice Chancellor, the Vice Chancellor shall verify, as WP(C).27551/14 3 to whether the petitioner's appearance in the 2nd supplementary examinations were his first chance and if so, grant him the benefit of the judgment afore-cited. If the petitioner failed to avail of the 1st chance by reason of absence or failure, then he will be dis-entitled to sit for the 4th semester.
Writ petition is disposed of.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//
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Title

Nirmal Zachariah

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • K Vinod Chandran
Advocates
  • N Radhakrishnan Smt Girija L