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Kerala High Court

Thashreef A.K vs Dr.C.Rajesh The Principal on 27 February, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:16494



        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946

                WP(C) NO. 19692 OF 2024

PETITIONER:

         THASHREEF A.K
         AGED 21 YEARS
         S/O,RAFEEQUE, APPAKADAN THONIPPURAM,
         PULLISSERY P.O., PALAKKAD.,
         PIN - 678582


         BY ADVS.
         HASHARURAHIMAN U.
         MOHEMED FAVAS
         THAHSEEM.A
         AFNAS MEERAN
         ANNA JOS
         REETHU JACOB
         SHEMEER K.A



RESPONDENTS:

    1    DR.C.RAJESH, THE PRINCIPAL
         M.E.S KALLADI COLLEGE,
         MANNARKKAD COLLEGE P.O,
         PALAKKAD, KERALA, PIN - 678583

    2    VICE CHANCELLOR
         UNIVERSITY OF CALICUT, TIRUR - CALICUT RD,
         THENHIPALAM, MALAPPURAM,,
         PIN - 673635
                                                2025:KER:16494
WP(C) NO.19692 of 2024

                                2


    3     THE CONTROLLER OF EXAMINATIONS
          UNIVERSITY OF CALICUT, THENHIPALAM,
          MALAPPURAM,, PIN - 673635

    4     THE REGISTRAR
          UNIVERSITY OF CALICUT, TIRUR-CALICUT RD,
          THENHIPALAM, MALAPPURAM,
          PIN - 673635

    5     UNIVERSITY OF CALICUT
          REPRESENTED BY REGISTAR,
          TIRUR -CALICUT ROAD, THENHIPALAM,
          MALAPPURAM,, PIN - 673635

    6     THE CHAIRPERSON
          BORAD FOR ADJUDICATION OF STUDENTS
          GRIEVANCES,UNIVERSITY OF CALICUT,
          TIRUR - CALICUT RD, THENHIPALAM,
          MALAPPURAM, PIN - 673635

    7     M.E.S KALLADI COLLEGE
          REPRESENTED BY THE PRINCIPAL,
          MANNARKKAD COLLEGE P.O, PALAKKAD,
          PIN - 678583


          By ADVS.
          LIJU V.STEPHEN
          INDU SUSAN JACOB(K/001745/2001)
          ABHIJITH U.(K/2446/2021)
          TAJ K. TOM(K/1243/2000)

          SRI. P.C. SASIDHARAN,STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 27.02.2025, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
                                                       2025:KER:16494
WP(C) NO.19692 of 2024

                                        3




                                JUDGMENT

Dated this the 27th day of February, 2025 The writ petition has been filed by the petitioner seeking the following reliefs:-

"i. To issue a writ of mandamus or any other writ, order or direction directing the 6th respondent-University to consider Ext.P5 representation within a time frame manner.
ii. To issue a writ of mandamus or any other appropriate writ or direction directing direct the respondents to allow the petitioner to apply for the 4th semester examination and to pay the fees."

2. On 02.11.2024, this Court passed an interim order to the following effect.

"It is seen from the counter affidavit filed by the respondents 2 to 5 that, the BASG Inquiry Committee recommended to direct the Principal of the college to re- admit the petitioner in the upcoming 4th semester, along with the junior batch.
2. In such circumstances, it is ordered that the college shall ensure that the petitioner is permitted to get admission in the 4th semester, along with the junior batch without any difficulties."

2025:KER:16494 WP(C) NO.19692 of 2024 4

3. In view of the interim order, substantial prayer of the petitioner stands already met.

In the circumstances, the writ petition is disposed of confirming the interim order dated 02.11.2024. If the petitioner will have any further grievance with regard to disciplinary proceedings in future, the petitioner will be at liberty to approach appropriate authorities.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:16494 WP(C) NO.19692 of 2024 5 APPENDIX OF WP(C) 19692/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE I.D CARD OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT COLLEGE, ADMIN.NO. 22426 Exhibit P2 TRUE COPY OF THE REPORT SUBMITTED THE ENQUIRY COMMITTEE (PRINCIPAL, M.E.S KALLADI COLLEGE, MANNARKKAD)DATED 05.01.2024 Exhibit P3 TRUE COPY OF THE FIR DATED 29/11/23 IN CRIME NO.1291/2023 OF MANNARGHAT POLICE STATION Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED 07.05.2024 OF THE 4TH SEMESTER EXAMINATION ISSUED BY THE 2ND RESPONDENT UNIVERSITY Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 01.02.2024 BEFORE THE 6TH RESPONDENT RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE REPORT OF PRINCIPAL, MES COLLEGE, DATED 16/02/2024 EXHIBIT R2(b) TRUE COPY OF THE U.O.NO. 8057 OF 2024 ADMN DATED 22/05/2024 IMPLEMENTING THE BASG INQUIRY COMMITTEE RECOMENDING