Alan Paul v. University Of Calicut

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).NO. 31549 OF 2014 (P) ---------------------------- PETITIONER(S):

-------------- ALLEN PAUL, AGED 22 YEARS S/O.V.M.PAUL, VATTOLY HOUSE, KANJIRAPPALLY P.O. CHALAKUDY-VIA, THRISSUR DISTRICT 680 721.

BY ADVS.SRI.M.H.HANIL KUMAR SRI.M.R.DHANIL RESPONDENT(S):

--------------

1. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTER, UNIVERSITY P.O., CALICUT PIN 673 635

2. CONTROLLER OF EXAMINATION UNIVERSITY OF CALICUT, UNIVERSITY P.O., CALICUT PIN-673635.

3. NIRMALA COLLEGE OF ENGINEERING REPRESENTED BY ITS PRINCIPAL, KUNNAPPILLY P.O., MELOOR CHALAKUDY, 680 311.

4. PRINCIPAL NIRMALA COLLEGE OF ENGINEERING, KUNNAPPILLY P.O., MELOOR CHALAKUDY, 680 311.

R1 & R2 BY SRI.SANTHOSH MATHEW,S.C.,CALICUT UNIVERSITY R3-R4 BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS

WP(C).NO. 31549 OF 2014 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXHIBIT P1 : COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED FROM THE 3RD RESPONDENT COLLEGE.

EXHIBIT P2 : COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 29/10/2014.

EXHIBIT P3 : COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 4/11/2014.

EXHIBIT P4 : COPY OF THE REPRESENTATION DATED 22/11/2014 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P5 : COPY OF THE ORDER DATED 21/11/2014 ISSUED BY THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------ EXHIBIT R4(a): COPY OF THE PROGRESS REPORT DATED 12.11.2014 OF THE PETITIONER SUBMITTED BY THE HEAD OF THE DEPARTMENT OF ENGINEERING ALONG WITH THE RESULTS OF THE EARLIER SEMESTER EXAMINATIONS.

EXHIBIT R4(b): COPY OF THE REPORT SUBMITTED TO THE PRINCIPAL BY THE ENQUIRY COMMITTEE ON 31.10.2014.

EXHIBIT R4(c): COPY OF THE MINUTES OF THE COLLEGE COUNCIL MEETING DATED 21.11.2014.

/ TRUE COPY / NS P.A. TO JUDGE

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.31549 of 2014 - P ====================== Dated this the 12th day of January, 2015

J U D G M E N T

After hearing the matter for a considerable time, the learned Counsel wanted to get instructions from the petitioner, since this Court was not inclined on merits to consider the prayers made by the petitioner. The learned Counsel submits that the petitioner would seek for a transfer certificate (T.C) from the 3rd respondent college.

2. The learned Senior Counsel appearing for the 3rd respondent college would contend that since, the petitioner was sent out of the college during the VIIth semester, the petitioner has not completed the VIIth semester and hence transfer certificate will be issued as a VIth semester-completed student. The 3rd and 4th respondents would also undertake that all the certificates will be returned to the petitioner, as also the T.C and No

W.P.(C) No.31549 of 2014 - P Objection Certificate as a VIth semester-completed student. The learned Counsel for the University would point out that then petitioner would have to get re-admission in the VIIth semester in another college with the permission; subject to the regulations of the University.

The undertaking of the respondents 3 and 4 are hence recorded and the writ petition would stand closed. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.