K K JACOB Vs. MADURAI UNIVERSITY

JUDGEMENT

(1.) THIS is an appeal from the judgment of Mohan J. declining to admit W. P. 4440 of 1976. The petitioner was a student of Loyola School, Trivandrum and had appeared for an examination conducted by the Council for the Indian schools Certificate Examination, New Delhi. In the said examination, the petitioner had obtained over 40 per cent of marks in all subjects except mathematics in which he had secured 35 per cent. The authorities conducting the said examination, issued a certificate to the petitioner stating that he had passed the said examination. The petitioner applied for admission to two institutions, namely, Mar Ivanios College, Trivandrum affiliated to the Kerala university and also to the Scott Christian College, Nagarcoil affiliated to the madurai University. He got admission first from the College at Trivandrum and he paid the sum of Rs. 175 for the first term fees. Subsequently he got an admission card from the Scott Christian College, Nagarcoil. After getting a transfer certificate from the Mar Ivanios College, Trivandrum, the petitioner joined the Scott Christian College said to be nearer his house, paying a sum of rs. 200 towards fees etc. He joined the classes and was studying in the said college.

(2.) ON 13-9-1976, a form was taken from the petitioner in which the details relevant for submission to the Madurai University for recognition were recorded. The said form, as the form itself showed had to be submitted through the principal of the College where the applicant sought admission within 15 days at his admission with evidence of his having passed the examination sought to be recognised and other enclosures mentioned in the application. It is stated in the instructions appended to the said form that pending decision of the application the Principal may admit the applicant provisionally and at the applicant's risk. After more than a month following the submission of the said form to the madurai University, the Controller of Examinations, Madurai University sent a telegram on 25-10-1976, to the Principal of the Scott Christian College, nagarcoil, asking him to cancel the admission of the petitioner. The telegram was followed by a letter dated 28-10-1976 from the Controller of Examinations to the Principal. In the said letter after mentioning that the petitioner had obtained only 35 per cent in Mathematics as against 40 per cent required under the relevant rules and after referring to the earlier communications sent to the principal, it was stated -

(3.) THEREAFTER the petitioner filed the writ petition in this Court for issue of a writ of mandamus directing the Madurai University and the Principal, Scott Christian college, Nagarcoil, the first and second respondents to the petition, to permit the petitioner to continue his studies in the Pre-University Course in the Scott christian College, Nagarcoil, and to complete the same and appear for the university examination. It is this writ petition which was dismissed in limine by mohan J. Against the said judgment, an appeal was preferred and after admission of the appeal, at the instance of this court, the petitioner was granted the necessary card for appearing for the examination and he has passed the examination conducted by the Madurai University in the Pre university class in the second class. The writ appeal has now come before us for final disposal.