PRANAV C Vs. KANNUR UNIVERSITY & ORS.

JUDGEMENT

(1.) The petitioner, who had undergone B.A. (Malayalam) course at Government Brunnen College, Dharmadom, during the academic year 2012-15, has approached this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a declaration that he is entitled to get the results of 2nd, 5th and 6th semesters examinations of B.A. (Malayalam) Course and seeking a writ of mandamus commanding the respondents to publish the results of the petitioner within a time limit to be fixed by this Court. The further relief sought for in this writ petition is a writ of mandamus commanding the 2nd respondent to send corrected Attendance Progress Certificate of the petitioner relating to the 2nd semester course with a minimum of 75% attendance as he is entitled for such a correction in the given situation and also because he was caused to believe that the said Attendance Progress Certificate was sent with 75% attendance as informed by the then Head of the Department and Principal, who mistakenly omitted to do the same.

(2.) A statement has been filed on behalf of the 2nd respondent, wherein it has been stated that during the 2nd semester, at the time of writing examination, the petitioner did not have the eligible attendance. The Attendance Progress Certificate of the petitioner was sent from the college without recommending for condonation of shortage of attendance, since it was not within the condonable limit. However, the petitioner later submitted Ext.R2(a) application dated 15.7.2013, seeking condonation of shortage of attendance and the said application was supported by a medical certificate for 12 days. On 15.7.2013, the Tutor in the petitioner's class Sri.Sudhakaran K.V., Assistant Professor of Malayalam, recommended the petitioner's application for condoning the shortage of attendance and forwarded it to the Principal, which is evident from the endorsement to that effect made on Ext.R2(a). On the basis of the above recommendation, the Principal forwarded the said application vide Ext.R2(b) letter dated 27.7.2013, addressed to the Registrar of the respondent University. The stand taken by the 2nd respondent in the said counter affidavit is that no further communication was received from the office of the University. In the said statement it has also been stated that the 3rd respondent collected the above information from the available records and that, the Tutor of the petitioner's class, Sri.Sudhakaran, is no more.

(3.) During the pendency of this writ petition, the petitioner has moved Ext.P7 representation before the Registrar of the 1st respondent University, seeking interference in the matter and publication of the results of the 2nd and 5th semester examinations written by the petitioner, without any further delay.