AJITH CHANDRAN Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) The entire controversy in this appeal revolves around B.Tech. Degree Course, 2008 Scheme Regulations, especially, Regulation 5.2(iii) which reads as under:

(2.) Having regard to the Regulations issued by the University of Kerala, the Head of the institution is only required to forward the application. From the counter-affidavit of the Principal of the College, though at one place he denies receiving any application from the student, on the other hand, he says the application is filled up with incorrect statements. We fail to understand what exactly the stand of the institution is Whenever application is filed, with the progress certificate mentioning all the details necessary for consideration of the application by the Vice-Chancellor, the Head of the institution is required to forward the same to the Vice-Chancellor for his consideration as Vice-Chancellor alone has the discretion to condone the shortage of attendance in accordance with norms and with factual details of the attendance of the student. In that view of the matter, we are of the opinion, the judgment of the learned Single Judge deserves to be set aside. Accordingly, we set aside the judgment of the learned Single Judge and allow the appeal, directing the 5th respondent to forward the application with necessary details to the Vice-Chancellor within two weeks from today and the same shall be considered by the Vice-Chancellor without further delay.