Kerala High Court
Thashreef A.K vs Dr. C Rajesh, The Principal on 7 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:19682
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 26602 OF 2024
PETITIONER:
THASHREEF A.K,
AGED 21 YEARS, S/O RAFEEQUE,
APPAKADANTHONIPPURAM, PULLISSERY P.O,
PALAKKAD, KERALA, PIN - 678582.
BY ADVS.
HASHARURAHIMAN U.
THAHSEEM.A
MOHEMED FAVAS
AFNAS MEERAN
SHEMEER K.A
ANNA JOS
AAZIL J ANEES
MUHAMMED BILAL K.
REETHU JACOB
RESPONDENTS:
1 DR. C RAJESH, THE PRINCIPAL
M.E.S KALLADI COLLEGE,
MANNARKKAD COLLEGE P.O, PALAKKAD,
KERALA, PIN - 678583.
2025:KER:19682
WP(C) No.26602 of 2024
:2:
2 VICE CHANCELLOR UNIVERSITY OF CALICUT
TIRUR - CALICUT RD, THENHIPALAM,
MALAPPURAM, KERALA, PIN - 673536.
3 THE CONTROLLER OF EXAMINATIONS
UNIVERSITY OF CALICUT, THENHIPALAM,
MALAPPURAM, KERALA, PIN - 673635.
4 THE REGISTRAR
UNIVERSITY OF CALICUT, THENHIPALAM,
KOZHIKODE, KERALA, PIN - 673635.
5 UNIVERSITY OF CALICUT
REPRESENTED BY REGISTRAR, TIRUR- CALICUT ROAD
THENHIPALAM, MALAPPURAM, KERALA, PIN - 673635.
6 THE CHAIRPERSON
BOARD FOR ADJUDICATION OF STUDENTS GRIEVANCES,
UNIVERSITY OF CALICUT, TIRUR- CALICUT ROAD
THENHIPALAM, MALAPPURAM, KERALA, PIN - 673635.
7 M.E.S KALLADI COLLEGE
REPRESENTED BY THE PRINCIPAL
MANNARKKAD COLLEGE P.O, PALAKKAD,
KERALA, PIN - 678583.
BY ADVS.
SRI. P.C. SASIDHARAN
SRI.LIJU V.STEPHEN
SRI.TAJ K. TOM
SMT.INDU SUSAN JACOB
SRI.ABHIJITH U.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.26602 of 2024
:3:
JUDGMENT
Dated this the 7th day of March, 2025 The petitioner, who is the 2nd Year BA Economics in the 2022-2025 Batch of MES Kalladi College affiliated with the 2nd respondent-University, has approached this Court seeking to quash Ext.P6 order and to direct the 5th respondent to publish the 4th Semester Examination result of the petitioner.
2. The petitioner states that on 29.11.2023, there was a clash between the 2nd year and 1st year students of the 7th respondent-College. On the basis of an enquiry conducted, the petitioner was dismissed from the College for one Semester. Ext.P2 is the report dated 05.01.2024 submitted by the Enquiry Committee.
3. The petitioner submits that he was not involved in the said crime. His name is also not included in the 2025:KER:19682 WP(C) No.26602 of 2024 :4: list of the accused persons in the said crime. The petitioner has no criminal antecedents.
4. The petitioner submitted Ext.P4 representation dated 01.02.2024 to the 6th respondent seeking to withdraw the order dismissing the petitioner for one Semester. The petitioner filed W.P.(C) No.19692/2024 in this regard. This Court directed the 6th respondent to consider Ext.P4.
5. Now, the 5th respondent-University has ordered to readmit the petitioner in the upcoming 4 th Semester along with his junior batch. The petitioner states that the petitioner has already appeared for the 4th Semester Examination as per the direction of this Court.
6. The petitioner states that Ext.P6 is illegal and unsustainable. In view of Ext.P6, the petitioner is not able to complete his course within the stipulated time. The petitioner was not able to get attendance for the 4 th semester due to the order of dismissal. Therefore, the petitioner seeks to set aside 2025:KER:19682 WP(C) No.26602 of 2024 :5: Ext.P6 order and seeks to direct the 5 th respondent to publish the 4th semester examination result of the petitioner.
7. Standing Counsel representing respondents 2 to 5 filed counter affidavit. The Standing Counsel submitted that the report from the College Level Inquiry Committee along with other complaints previously reviewed by the BASG, led the BASG Inquiry Committee to conclude that the College is facing significant issues due to the presence of various student gangs. According to the College Level Inquiry Committee's report, the petitioner is a full-time supporter of the 'Udayon' gang and serious allegations have been levelled against him and other students who were suspended or dismissed from the College along with him.
8. Standing Counsel further submits that students may sometimes engage in misbehaviour and appropriate disciplinary actions should be taken to correct their behaviour and guide them towards a better path. However, if 2025:KER:19682 WP(C) No.26602 of 2024 :6: strong measures are not taken against these gang activities, they could jeopardise the students' futures. In this case, despite the severity of the students' involvement, the College Level Inquiry Committee recommended dismissing these students, including the petitioner, only for one semester (i.e., the fourth semester) as a corrective measure, considering their lack of prior disciplinary actions.
9. The College has also expressed its willingness to readmit the petitioner in the fourth semester. Consequently, considering the academic future of the petitioner, the BASG Inquiry Committee has accepted these corrective measures and issued the order U.O.No.8057/2024/Admn dated 22.05.2024. Furthermore, the petitioner has not submitted any request to the BASG for permission to continue into the 5 th semester. As a result, the BASG did not address this issue.
10. I have heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for 2025:KER:19682 WP(C) No.26602 of 2024 :7: respondents 2 to 5.
11. The petitioner is a second year B.A. Economics student of the Batch 2022-2025 of M.E.S. Kalladi College. The petitioner was dismissed from the College for one semester as per Ext.P2 proceedings dated 05.01.2024. The petitioner, thereafter, sought to appear for the 4 th semester examination. The petitioner approached this Court and obtained an interim order. Pursuant to the interim order, appeared in the 4th semester examination.
12. It is not disputed that the petitioner does not have sufficient attendance as per the University Regulations to enable him to appear for the 4th semester examination. Under the University's CBCSS UG Regulations, 2019, a student must have at least 75% attendance in each semester to be eligible to appear for the semester examination. The petitioner was under
suspension from 04.12.2023 onwards, which means the petitioner did not attend any classes in the 4th semester.
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13. As the petitioner has not attended classes in the 4th semester, it would be highly illegal and improper to publish the result of the petitioner in the 4th semester examination, which the petitioner appeared pursuant to an interim order of this Court. If the petitioner is declared as passed in the 4th semester examination without the petitioner attending sufficient number of classes, it would amount to diluting the quality of education.
14. The College has expressed its willingness to readmit the petitioner in the 4th semester. It is submitted on behalf of the respondents that the petitioner has already been admitted in the 4th semester and is undergoing classes.
In the circumstances of the case, I am not inclined to grant any relief to the petitioner. The writ petition is therefore dismissed.
Sd/-
N.NAGARESH JUDGE spk/ams 2025:KER:19682 WP(C) No.26602 of 2024 :9: APPENDIX OF WP(C) 26602/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE I.D CARD OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT COLLEGE.
Exhibit-P2 TRUE COPY OF THE REPORT SUBMITTED THE ENQUIRY COMMITTEE DATED 05.01.2024.
Exhibit-P3 TRUE COPY OF THE FIR DATED 29/11/2023 IN CRIME NO. 1291/2023 OF MANNARGHAT POLICE STATION.
Exhibit-P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
01.02.2024 SUBMITTED BEFORE THE 6TH
RESPONDENT.
Exhibit-P5 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN W.P.(C) NO. 19692/2024 DATED 18.06.2024.
Exhibit-P6 TRUE COPY OF THE ORDER NO.
8057/2024/ADMN PASSED BY THE 6TH
RESPONDENT DATED 22.05.2024.