NIKITH ZACHARIA Vs. MAHATMA GANDHI UNVERSITY

JUDGEMENT

(1.) Petitioner is a student of the 4th respondent Engineering College. Presently he is in the 3rd semester, and the 3rd semester examinations are to commence from 10/11/2010. According to the petitioner, he has shortage of attendance. It is stated that seeking condonation of the same, he made Ext.P3 representation addressed to the 1st respondent through the Principal of the College. The petitioner states that thereupon the Principal forwarded his representation along with letter dated 14/10/2010. It is stated that thereupon the University issued Ext.P5 memo rejecting the representation made by the petitioner. It is challenging Ext.P5, the writ petition has been filed.

(2.) However, as rightly pointed out by the learned standing counsel appearing for the University, although in terms of Ext.P4 Regulations, it is permissible for the Vice Chancellor of the University to condone shortage of attendance to the extent it is permissible, the University has prescribed an application form in which the application for condonation of delay should be submitted. It is stated that if such an application in the proper form is filed with the required details, then alone can the University consider the request.

(3.) In that view of the matter, Ext.P3 being only a representation, its rejection by Ext.P5 cannot be faulted. In the circumstances, the proper course is to direct that the petitioner should make an application for condonation of shortage of attendance in the proper format to the 4th respondent, who thereupon should forward the same to the 2nd respondent.