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Judgment
Devan Ramachandran, J
The sole point of controversy in this case is that the petitioner has not been registered by the Mahatma Gandhi University (MG University), even though she has been admitted to the B.Ed Social Science Course by the 4th respondent – Principal of the 'Marthoma Teachers' Training College'.
The learned counsel on both sides are ad idem that the reason why the petitioner did not obtain registration with the University is because she had not made an online application for such purpose, along with the requisite fee; though it is also admitted that she had remitted the same to the College mistakenly.
I notice from the file that various interim orders have already been issued, allowing the petitioner to continue with the Course and to write the examinations.
As I have said above, there is no allegation against the petitioner that she is not qualified to have been admitted to the Course; but solely that she did not make an online application and did not remit the fees directly to the University through such a platform.
I am, therefore, of the firm view that substantive justice requires that the petitioner be allowed an opportunity - if it has not been already done - to make an application and to remit the fee, for which purpose, certainly, the 4th respondent – Principal also has a role to play.
I must also record the submissions made on behalf of the 4th respondent by his learned counsel, that action has already been taken by the College to make the application and to remit the fee online to the University.
Resultantly, this writ petition is ordered with the following directions:
a) If an apposite application has not been already made by the College, they shall do so, along with the requisite fee – which the petitioner has already remitted to them – within a period of two weeks from the date of receipt of a copy of this judgment.
b) On the afore being done, or if an application has already been made by the College or by the student along with the requisite fee, the University will take up the same and grant necessary registration to the petitioner, subject to all other requirements being satisfied in law, within a period of one month from the date of receipt of this judgment.
c) Needless to say, the interim order of this Court dated 05.04.2022 will stand confirmed and the examinations taken by the petitioner thereunder, will be treated as being final and the results of the same declared.
d) Pending the afore, if any other examination is eligible to the petitioner, she shall be allowed to write the same; and I record the submissions of Sri.T.P.Pradeep, her learned counsel, that the second semester examinations are to begin from 28.09.2022.
e) Therefore, it goes without saying, she will be allowed to write the above said examination and necessary action for this will be completed by the University without fail.
After I dictated this part of the judgment, Sri.Surin George Ipe – learned Standing Counsel for the University, submitted that the last date for making the application was over by 24.12.2021. I am sure that this should not stand in the way of the petitioner being granted the afore reliefs because, admittedly, she had applied to the College and remitted the fee, which was accepted by them.
Indubitably, she cannot be put to any prejudice on account of no fault that can be attributed to her; and I am certain that the afore directions must inure to her.
This writ petition is thus ordered.