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Sooraj.V.M

High Court Of Kerala|20 October, 2014
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JUDGMENT / ORDER

The petitioner claims identical relief as granted in Ext.P3. Ext.P3 was passed in a situation where, the 4th semester students of the respondent University in the M.Tech course appeared before this Court and contented that they would not be considered for the 4th semester viva-voce examination, since the University regulations mandate clearance of all the three semester examinations for appearance in the 4th semester viva-voce examinations. The petitioner therein was a 4th semester student, who had cleared the 1st semester, but who lost in the 2nd semester examinations the supplementary exams of which were not held. In such circumstance, this Court directed that if the results are not published before the 4th semester examination is scheduled, the students should be permitted to appear. 2. The said position would not be applicable to the W.P.(C) No.27282 of 2014 - I 2 petitioner herein, he is not identically situated. The petitioner is a person, who had completed his course in the year 2013. The petitioner failed in the regular examinations as also in the supplementary examinations. The chance now availed in the 1st semester supplementary examination is not the first chance.
4. As was noticed above, the petitioner is a person who had two opportunities respectively in the regular examination and supplementary of the 1st semester examinations, who failed to qualify in those two chances. The extra ordinary remedy invoked in Ext.P3, cannot be extended in favour of the petitioner and this Court declines the exercise of discretion in favour of the petitioner since the petitioner completed his course in the year 2013 and cannot be treated as similarly situated as the petitioner in Ext.P3.
The writ petition is dismissed.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy // P.A To Judge.
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Title

Sooraj.V.M

Court

High Court Of Kerala

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