MAHATMA GANDHI UNIVERSITY Vs. GIS JOSE

JUDGEMENT

(1.) LEAVE granted.

(2.) IT is once again, a judgment has come from the High Court in complete derogation of the observations of this Court against the compromising of the educational standards in the matter of admissions to a particular course by showing unnecessary sympathies. The Mahatma Gandhi University has come up against the judgment of the Division Bench of Kerala High Court whereby the division Bench allowing the appeal of a student, has directed the University to declare the withheld result of the student. The direction though was, of course, without creating precedence, as a special case.

(3.) AN appeal was filed against the judgment of the learned Single Judge and the Division Bench has allowed the appeal. For that purpose, the Division Bench relied on the earlier Division Bench decision of that Court in W. A. No. 1040 of 2003. In that, the Division Bench had taken the view that since the student had completed the course and had taken the examination, the results would have to be declared. There the Court had also taken the view that at that juncture, the student could not be singled out. The Division Bench "further in view of the inconsistency" chose to grant relief and further observed that this did not adversely affect the interest of others and that it was too late for anybody to contend that by treating her admission in nullity, somebody would have gained anything. The division Bench also took the view that the student had not misrepresented regarding her marks and yet she was given the admission as a normal student.