AMAL TOMY Vs. NIKITA NAIR C.S.

JUDGEMENT

(1.) The petitioner, a first year M.A. Philosophy student, in Maharajas College, Ernakulam, has approached this Court, seeking the following reliefs:

(2.) The grievance of the petitioner is that, due to certain incidents occurred in the College campus, in connection with a clash between students' wings of two political parties, two criminal cases were happened to be registered by the Police as Crime Nos.145/2024 and 149/2024 of Ernakulam Central Police Station against the two factions. The petitioner was implicated as one of the accused in Crime No.149/2024 and was arrested in connection with the same. The petitioner was kept under judicial custody from 27/1/2024 to 22/2/2024, for a period of 25 days. On account of the same, there arose a shortage of attendance. Due to the above reason, the petitioner is being denied the opportunity to attend the examination for the second semester, which is proposed to commence on 3/7/2024. This writ petition is submitted in such circumstances.

(3.) The learned Government Pleader upon instruction submitted that, as per Clause 8.1 of Examination Manual of Autonomous College, the candidate must secure 75% of attendance of the total duration of the course. The candidates having a shortage of 10% can apply condonation of shortage in the prescribed form on genuine grievances. It is also discernible from the same that, a subcommittee constituted by the Principal consists of the two members of the governing council, three members of the academic council, concerned HoD and the Class Teacher, has to decide the merit of the application for condonation.