Mohammed Suhail P.P. v. University Of Calicut

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 11596 of 2015 (Y) ---------------------------- PETITIONER :

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MOHAMMED SUHAIL P.P., AGED 20 YEARS S/O. YOUSEF, PALLAKURSSI PAPPANKATTIL VALLAPUZHA YARAM P.O., PALAKKAD, PIN - 679 336 (STUDENT 2ND YEAR B.COM COMPUTER APPLICATION MES KALLADI COLLEGE MANNARKADE, PALAKKAD) 2.

MOHAMMAD ANAS V., AGED 19 YEARS S/O. VEERAN V., VEETTIKKADAN HOUSE PALLIKURUP P.O., PALAKKAD, PIN - 678 582.

(STUDENT 2ND YEAR B.COM COOPERATION MES KALLADI COLLEGE MANNARKADE, PALAKKAD) BY ADVS.SRI.JACOB P. ALEX SRI.JOSEPH P. ALEX RESPONDENT(S) :

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UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR CALICUT UNIVERSITY P.O., CALICUT, PIN - 673 635.

2.

THE CONTROLLER OF EXAMINATION UNIVERSITY OF CALICUT CALICUT UNIVERSITY P.O., CALICUT, PIN - 673 635.

...2/-

WP(C).No. 11596 of 2015 (Y) -23. THE PRINCIPAL MES KALLADI COLLEGE MANNARKADE, PALAKKAD-678 014.

4.

THE STUDENTS' COUNCIL UNIVERSITY OF CALICUT CALICUT UNIVERSITY P.O., CALICUT, PIN - 673 635.

R1, R2 & R4 BY ADV. SRI.SANTHOSH MATHEW, SC R3 BY ADV. SRI.BABU KARUKAPADATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...3/-

WP(C).No. 11596 of 2015 (Y) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE OFFICE ORDER DATED 6-2-2015 ISSUED BY THE 3RD RESPONDENT.

EXT.P2 COPY OF THE REVISED NOTIFICATION BEARING NO. EG-1/4/CCSSUG/IV SEM/2011 DATED 20-3-2015. EXT.P3 COPY OF THE APPLICATION DATED 23-3-2015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT.

EXT.P4 COPY OF THE REPRESENTATION DATED 6-4-2015 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 11596 of 2015 - - - - - - - - - - - - - - - - Dated 8th April, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioners seek for participation in the 4th semester examinations for which they are said to have applied to the College. The petitioners contend that the College is not accepting the fees and the application, since an enquiry initiated by the College is not concluded till date. It is also stated that no enquiry report is submitted nor any final decision taken.

2. The learned counsel appearing for the 3rd respondent College, however, would place before this Court a decision of the Principal dated 06.04.2015 wherein the petitioners along with four others were suspended for involvement in an incident of an attack on a junior student causing serious eye injury to that junior. The

WP(C).11596/15 students are expelled from the College for a period of two years. In such circumstances, the petitioners would have to take up the matter before the Board of Adjudication of Students Grievances, constituted by the University and there can be no orders granted in the writ petition for participation in the examinations. The writ petition would stand dismissed leaving open the contentions of the petitioners. Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//