MOHANADASAN Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) THE career of a student depends on the fate of this writ petition. THE legal problem has to be tackled from a human angle.

(2.) THE Petitioner, a graduate, enrolled for Post-graduate studies in Sociology as a private candidate in 1979, sat for the M. A. previous examination in May 1980 and failed. He however, continued and completed his two year course. No candidate shall be declared to have passed the M. A. Degree examination unless he has passed the M. A. (previous) and the M. A. (final) examinations. He applied for admission to both the examinations in January 1981 after remitting the necessary fee. Unfortunately for the petitioner, he had to attend on his father who was seriously ill till he died in April 1981. He did not therefore write the examination held in May 1981. He applied again in 1982 and remitted the fees too; he could not write that examination either. In 1983, for the third time he applied to sit for the examination, by remitting the fees in January 1983. In May 1983, he got a memo (Ext. P1) reading thus: MEMO With reference to his application for admission to the ensuing M. A. Sociology Final Examination to be held in May 1983 Sri. Mohanadasan P. is informed that his application is rejected for reasons noted below. THE Examination fee remitted by him will not be refunded or adjusted for any other purpose and he will not be registered for the ensuing examination. Sd/- For CONTROLLER OF EXAMINATIONS.

(3.) UNDER the relevant regulations (Regulation 14 in Chapter VII) "candidates shall take the degree within 5 years from the date of enrolment, limiting the chances to three for each examination." The regulation also provides, "the result of the final year examination shall not be published until the candidate passes the previous examination".