ARUN MATHEW Vs. THE CONTROLLER OF EXAMINATIONS UNIVERSITY OF CALICUT, THE DEPUTY REGISTRAR AND THE PRINCIPAL GOVT. LAW COLLEGE

JUDGEMENT

(1.) THE petitioner, a 9th semester LL B student, is aggrieved by the non -condonation of the shortage of attendance, which, in fact, prevented him from appearing in the 9th semester examination. However, by virtue of an interim order of this Court, the petitioner was permitted to appear for the 9th semester examination, provisionally, subject to the result of the writ petition. It was also directed that the result of the examination shall be published only after obtaining orders from this Court. Admittedly, the petitioner who was a student in the 9th semester LLB had shortage of attendance, since he had attended only 52% of the class as against the minimum required 75%. The condonable limit for attendance shortage is a maximum of 10%, that too, the power to be exercised by the Vice Chancellor. The application filed by the petitioner for condonation of attendance shortage was not forwarded since the petitioner did not have the required minimum of 65% attendance which alone would entail consideration of the application for condonation. The Principal of the 3rd respondent refused to forward the application for the aforesaid reason and the petitioner was before this Court assailing the same and seeking condonation of the shortage of attendance.

(2.) THE learned counsel for the petitioner contends that he had been given an additional 10% attendance taking into consideration his participation in the National Seminar and National Moot Court competition and that he had attended the remedial classes conducted outside the normal classes stipulated in the course. It is the contention of the petitioner that going by Clause 6 of Ext. P4 circular, it is incumbent upon the Principal to provide additional instructions to the students who have attendance shortage, so as to enable them to appear for the examinations. On the above contentions, petitioner seeks a direction to the University to publish the results of the examinations which he was permitted to appear provisionally by this Court.

(3.) THE issue of remedial classes was also dealt with in the counter affidavit and the same was stated to be meant for the students of minorities under SC/ST and OBC(non -Creamy Layer minorities). It was not a remedial class as contemplated in Clause 6.