Kerala High Court
St.Peters College Trust vs The Vice Chancellor on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.28026 OF 2019(C)
PETITIONER/S:
1 ST.PETERS COLLEGE TRUST,
KOLENCHERY, ERNAKULAM DISTRICT 682 311
REPRESENTED BY ITS CHAIRMAN
2 THE PRINCIPAL
ST. PETERS COLLEGE , KOLENCHERY, ERNAKULAM DISTRICT
682 311
BY ADVS.
SRI.K.JAYAKUMAR (SR.)
SRI.K.M.SATHYANATHA MENON
RESPONDENT/S:
1 THE VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST,
ADMINISTRATIVE BLOCK, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM DISTRICT 686 560
2 THE SYNDICATE OF MAHATMA GANDHI UNIVERSITY
REPRESENTED BY ITS CHAIRMAN VICE CHANCELLOR,
PRIYADARSINI HILLS POT, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM DISTRICT 686 560
3 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS POT,
UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA, KOTTAYAM
DISTRICT 686 560
4 ADDL.R4. AJMAL KUNJUMUHAMMED,
S/O. KUNJUMUHAMMED, THUTHUPILLY (H), VENGOLA P.O.,
ERNAKULAM DISTRICT, PIN-683556.
5 ADDL. R5. ANANDHU V.S.,
S/O. SUSEELA SIVAN, VENNIPARAMBIL HOUSE, N.
MAZHUVANNOOR P.O., ERNAKULAM DISTRICT, PIN-686669.
6 ADDL. R6. ELDHO CHACKO JOSHY,
S/O. N.C.JOSHY, NJALIYATH HOUSE, VELIYANAD P.O.,
ERNAKULAM DISTRICT, PIN-682313.
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
2
7 ADDL. R7. JAGANADHAN B.,
S/O. BIJUMON K., PARATHANATHU CHIRA HOUSE,
THIRUVAMPADY P.O., ALAPPUZHA DISTRICT, PIN-688002.
8 ADDL. R8. SARATH SUDHAKAR,
S/O. SUDHAKARAN K.G., KALAPPILIMOTEL HOUSE,
PAMPAKUDA P.O., ERNAKULAM DISTRICT, PIN-686667.
9 ADDL. R9. SREEDHANYA BIJU,
D/O. BIJU S., MANIKALVILAYIL VEEDU, VENJARAMOODU
P.O., THIRUVANANTHAPURAM DISTRICT-695607.
10 ADDL. R10. SUSMI ALIAS,
D/O. TOMY ALIAS, PUTHIYAKUNNEL HOUSE, PAZHOOR P.O.,
PIRAVOM, ERNAKULAM DISTRICT-686664.
11 ADDL. R11. ADITHYA SURESH,
S/O. A.K. SURESH KUMAR, ADIYARAYIL HOUSE, PIRAVOM
P.O., ERNAKULAM DISTRICT-686664.
12 ADDL. R12. JYOTHILAKSHMI K.,
D/O. K.G. KRISHNA KUMAR, SREENIVAS HOUSE,
MARAMPILLY P.O., ALUVA, ERNAKULAM DISTRICT-683105.
13 ADDL. R13. KRISHNADEV MANOJ,
S/O. MANOJ KUMAR, VRINDAVANAM HOUSE, UDAYAMPEROOR
P.O., ERNAKULAM DISTRICT-682307.
14 ADDL. R14. BASIL SAJU,
S/O. SAJU P. JACOB, PERRUVUNKAL HOUSE, METHALA
P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-683545.
15 ADDL. R15. ROHITH K.R.,
S/O. RAVI K.P., KOPPALIL HOUSE, PAPPURAM P.O.,
KANJOOR, ERNAKULAM DISTRICT-683575.
16 ADDL. R16. BOBINA BABU,
D/O. VANAJA BABU, THEVALLIL HOUSE, VELLARAMKUNNU
P.O., IDUKKI DISTRICT-685535.
17 ADDL. R17. KEETHANA S.K.,
D/O. KOCHUVAVA C.K., SHANMUGHA VILASAM, KUMBALAM
P.O., ERNAKULAM DISTRICT-682506.
18 ADDL.R18. SAJITHA SAJEEV,
D/O. GEETHA SAJEEV, PALACKAL HOUSE, ANJAM MILE,
VALARA P.O., IDUKKI DISTRICT-685561.
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
3
19 ADDL. R19. SARIMA SHAJI,
D/O. SHAJI V.R., VAYANATHRA HOUSE, THURAVOOR P.O.,
ERNAKULAM DISTRICT-683572.
20 ADDL. R20. ABY THANKACHAN,
S/O. K.C. THANKACHAN, KOOTTATHINAL HOUSE,
MANNATHOOR P.O., ERNAKULAM DISTRICT-686667.
21 ADDL. R21. AROMAL C.P.,
S/O. PURUSHAN A.T., CHITTAMADATHIL HOUSE,
OLIYAPURAM P.O., ERNAKULAM DISTRICT-686662.
22 ADDL. R22. ARUNKUMAR E.S.,
S/O. SAJEEVAN E.K., EDAVAZHIKKAL HOUSE,
UDHAYAMPEROOR P.O., ERANKULAM DISTRICT-682307.
23 ADDL. R23. JIBIN JOSEPH,
S/O. JOSEPH O P., OVUNGAMALIL HOUSE, PULLUVAZHI
P.O., ERANKULAM DISTRICT-683541.
24 ADDL. R24. NISHANATH U.,
S/O. UDAYAKUMAR, KANIYAMPARAMBIL HOUSE MEKKADAMPU
P.O., ERNAKULAM DISTRICT-682316.
25 ADDL. R25. AJITH K.B.,
S/O. BENNY K.A., KARIKKAKUZHIYIL HOUSE, NELLAD
P.O., ERNAKULAM DISTRICT-686669.
26 ADDL. R26. JOMAL JOSE,
D/O. JOSE K.K., KALANAKUDYIL HOUSE, MEKKADAMBU
P.O., KADATHY, ERNAKULAM DISTRICT-682 018.
27 ADDL. R27. YADHUKRISHNA BABU,
S/O. BABU M.U., MANICKAL HOUSE ARUVAPPARA P.O.,
ERNAKULAM DISTRICT-683545.
28 ADDL. R28. DHANISH P.,
S/O. SARATHA PRASANTH, THAMBLASERRYKUDY HOUSE,
MAMALAKANDOM P.O., KOTHAMANGALAM, ERNAKULAM
DISTRICT-686681.
29 ADDL. R29. NAVEEN SAJAN,
S/O. SAJAN C.P., CHAMAKKALA HOUSE, METHALA P.O.,
ERNAKULAM DISTRICT-683545.
30 ADDL. R30. SAFEENA NARIN T.S.,
D/O. SATHAR T.P., THARAMATTOM HOUSE, KUMARAPURAM
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
4
P.O., ERNAKULAM DISTRICT-6832565.
31 ADDL. R31.SHAMSEENA P.S.,
D/O. P.K. SHAJI, THETTILA MARIYIL HOUSE, RAYONPURAM
P.O., ERNAKULAM DISTRICT-683543.
32 ADDL. R32. SAFAR MOIDHEEN V A.,
S/O. ASHARAF V.M., VELUMKUDY HOUSE, ALLAPARA P.O.,
ERNAKULAM DISTRICT-683556.
33 ADDL. R33.INSHAD M.E.,
S/O. ISMAYIL M.P., MOLLA HOUSE, MUDICKAL P.O.,
ERNAKULAM DISTRICT-683547.
34 ADDL. R34. NAVEEN JOY,
S/O. JOY E.P., ITHOONICKAL HOUSE, VADAYAMPADY P.O.,
ERNAKULAM DISTRICT-682308.
35 ADDL. R35. AMALENDHU SASI,
S/O. SASI V.K., VALLINJATHADATHIL HOUSE, NEENDAPARA
P.O., ERNAKULAM DISTRICT-686693.
36 ADDL. R36. ASHIK ALI RAMZAN,
S/O. SHAJI K.S., KUNNUMPURATH HOUSE, PUNNAMATTOM,
ENANNALLOOR P.O., ERNAKULAM DISTRICT-686673.
37 ADDL. R37. SARANJITH P. THANKACHAN,
S/O. THANKACHAN P.P., PAREKKATTU MALAYIL HOUSE,
ONAMVELY, VENGOLA, ARAKKAPPADY, ERNAKULAM DISTRICT-
683556.
38 ADDL. R38. SETHU JAYAN,
S/O. JAYAN C., NEDUVELIPARAMBIL HOUSE, E. KADATHY,
MARKET P.O., ERNAKULAM DISTRICT-686673.
39 ADDL. R39. ASNA C.S.,
D/O. SAKEER C.J., CHENTHARA HOUSE, RAYONPURAM P.O.,
ERNAKULAM DISTRICT-686543.
40 ADDL. R40. SOUBHAGYA P.M.,
D/O. MOHANAN P.A., PUTHENVEETIL HOUSE, VADUVUCODU
P.O., ERNAKULAM DISTRICT-682310.
41 ADDL. R41. BIBIN KURIAKOSE,
S/O. KURIAKOSE, KOTHIAPPALILL HOUSE, VAZHAVARA
P.O., IDUKKI DISTRICT-683515.
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
5
42 ADDL. R42. SULAIMAN P. UMMER,
S/O. P.A. UMMER, PALAVATH HOUSE, KANDANTHARA,
ALAPPARA P.O., ERNAKULAM DISTRICT-683556.
43 ADDL. R43. YADHUKRISHNAN K.D.,
S/O. K.K. DINAKARAN, KADAVILPARAMBIL HOUSE,
UDAYAMPEROOR, NADAKKAVU P.O., ERNAKULAM DISTRICT-
682307.
44 ADDL. R44. ELDHOSE M. JOY,
S/O. M.P. JOY, MALLASSERIL, KIZHAKKEVEEDU HOUSE,
RAMAMANGALAM P.O., ERNAKULAM DISTRICT-686663.
45 ADDL. R45. HARI GOVIND H.S.,
S/O. N. SANTHOSHKUMAR, LEELA NESTLE, S.L. PURAM
P.O., CHERTHALA, ALAPPUZHA DISTRICT-688523.
46 ADDL. R46. KARTHIK KANNAN,
S/O. USHA KANNAN, THULASITHARA HOUSE, KUMILY P.O.,
IDUKKI DISTRICT-685509.
47 ADDL. R47. AABEL BINSON,
S/O. BINSON K. PAUL, KALATHORKUDIYIL HOUSE,
OORAMANA P.O., KAYANAD, ERNAKULAM DISTRICT-686663.
48 ADDL. R48. PRISKILLA REJI,
D/O. REJI PAULOSE, PADINJARAYILL HOUSE, THODUPUZHA,
KUMARAMANGALAM P.O., IDUKKI DISTRICT-685597.
49 ADDL. R49. RUMAISA K.K.,
KERAKKADA HOUSE, ANDROTH ISLAND, LAKSHADWEEP-
682551.
(ADDITIONAL R4 TO R49 ARE IMPLEADED AS PER ORDER
DATED 11/11/2019 IN IA 1/19 IN WPC 28026/2019)
R3 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
R5, R7-9, R11-12, R14-16, R19-20, R22, R24-26, R40,
R48 BY ADV. SMT.K.V.BHADRA KUMARI
R12, R17-18, R21, R30-31, R35-39, R41, R45-47 BY
ADV. SRI.RENJITH RAJAPPAN
R12, R17-18, R21, R30-31, R35-39, R41, R45-47 BY
ADV. SRI.SAM M.THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2021, ALONG WITH WP(C).1978/2020(V), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.1978 OF 2020(V)
PETITIONER/S:
ST. PETERS COLLEGE TRUST
KOLENCHERY, ERNAKULAM DISTRICT - 682 311,
REPRESENTED BY ITS CHAIRMAN
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENT/S:
1 THE VICE CHANCELLOR
MAHATMA GANDHI UNIVERSITY, PRIYADARSINI HILLS POST,
ADMINISTRATIVE BLOCK, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM DISTRICT - 686 560
2 THE SYNDICATE OF MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS CHAIRMAN / VICE CHANCELLOR,
PRIYADARSINI HILLS POST, UNIVERSITY CAMPUS ROAD,
ATHIRAMPUZHA, KOTTAYAM DISTRICT - 686 560
3 MAHATMA GANDHI UNIVERSITY,
REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS
POST, UNIVERSITY CAMPUS ROAD, ATHIRAMPUZHA,
KOTTAYAM DISTRICT - 686 560
4 AKHIL PAULOSE,
PUTHENPURACKAL HOUSE, EDATHALA P.O., PUKATTUPADY,
ERNAKULAM - 683 561
R1-3 BY SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04.02.2021, ALONG WITH WP(C).28026/2019(C), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
7
JUDGMENT
Dated this the 4th day of February 2021
This order of mine shall dispose of two writ petitions,
W.P.(C) No.1978 of 2020, (herein after called 'first writ
petition') petitioner/St.Peter's College Trust, Kolenchery has
challenged Ext.P12 dated 28.11.2019 whereby the Syndicate
of Mahatma Gandhi University of Kerala constituted the
Committee to give suggestion on the enquiry report
submitted by the earlier constituted Committee and Ext.P22
dated 17.1.2020, whereby similar order has been passed on
the basis of a complaint made by one Akil Paulose. In W.P.(C)
No.28026 of 2019 (herein after called 'second writ petition'),
challenge has been laid to Ext.P17, whereby as an interim
measure, Syndicate permitted forty six (46) students, who had
shortage of attendance, to provisionally write examination
and the result be regulated after the authentic examination of
records of attendance.
2. St.Peter's College Trust, Kolenchery is managed by
St.Peter's College Trust affiliated with Mahatma Gandhi
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
University and is accredited with A Grade by the National
Assessment and Accreditation Council of the U.G.C. It has
more than 2200 students pursuing for different course
including self-financing departments. As per Mahatma Gandhi
University Regulations for under graduate programs under
Choice based credit System 2017 (University Regulations
2017) and other communications, and orders issued by the
University, marking attendance is mandatory and only those
students having a minimum 75% average attendance for the
semester can only register for the University examination.
The professors would mark attendance for each hour
physically in the attendance register kept under their custody.
For the purpose of transparency, college also follow the
system of publishing the attendance of each hour for a week
in the notice board at the end of each week and the
attendance sheet for each week is also signed from the
students by the concerned professor. As per clause 16 of
Regulations 2017, students having a minimum of 75%
average attendance for all the courses only can register for
the examination. Condonation of shortage of attendance to a
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
maximum of ten (10) days in a semester subject to a
maximum of two (2) times during the whole period of the
programme can be granted by the University on valid
grounds. Condonation would not be counted for internal
assessment. Benefit of attendance can be granted to students
attending University/College union/Co-curricular activities by
treating them as present for the days of absence, on
production of participation/attendance certificates, within one
week, from competent authorities and endorsed by the Head
of the institution. Most of the students in Ext.P2 list in the
second petition were strong sympathizers and office bearers
of the student political unions namely SFI and KSU and had
taken the shortage of attendance. They openly declared to
obstruct the functioning of the college and the conduct of
internal examination in the college, even started agitation and
blocked the conduct of internal examination scheduled in the
college from 26.9.2019 to 28.9.2019 by force.
3. The petitioner was compelled to approach this
Court vide W.P.(C) No.26055/2019 seeking protection. This
court disposed of the writ petition vide order dated 4.10.2019
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
directing the respondents to extend adequate and sufficient
police protection. Earlier on account of violence committed
by the student political union in the campus, this Hon'ble
Court had granted police protection in W.P.(C)
No.37505/2016. In the light of the interim order granted by
this Hon'ble Court in W.P.(C) No.26055/2019, the internal
examinations were conducted in the college from 3.10.2019
to 5.10.2019.
4. In the morning of 9.10.2019, college was served
with an order of the University dated 9.10.2019 by which
three members of the Syndicate were appointed to conduct
an enquiry on the complaint submitted by the students from
3rd and 5th semester of the college, Ext.P11 in the second
petition. They verified the attendance of the students. It is
only thereafter management acquired the knowledge of
submission of complaint by the students. Vide Ext.P17 in the
second petition, dated 21.10.2019, Syndicate permitted forty
six (46) students, who had shortage of attendance to
provisionally write examination and the result be regulated
after the authentic examination of records of attendance. The
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
aforementioned order has been challenged in the second writ
petition. It was next contended that after Ext.P17, the
enquiry report, submitted by the committee, was considered
by the Syndicate Subcommittee for Examination which was
recommended to the Vice Chancellor for implementation.
The Vice Chancellor in continuation of the recommendation
issued the order in pursuance to the provisions of Section
10(17) Chapter III of the Mahatma Gandhi University
Statutes and decided to appoint three persons to give further
suggestions on the enquiry report for the academic year
2018-19. On examination of the complaints, it was revealed
that certain persons, signatory of the complaints are not the
students of the college. In fact, it was politically motivated.
Some complaints were made to the Inspector General of
Police, Puthencruze, which, ultimately, was closed as per the
contents of reply to the counter affidavit as evidenced from
Ext.P23 in the first petition. Vide order dated 17.1.2020,
Syndicate reiterated its decision with regard to the
complaint filed by one Akil Paulose as was done in respect of
the complaints submitted by other students. Counter affidavit
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
supported the action of the Syndicate by relying upon Section
23(XX) of the Mahatma Gandhi University Act, 1985, which
deals with affairs of private colleges, maintaining their
efficiency, proper conditions of employment of members of
their staff and payment of adequate salaries or to take such
other steps as it deem necessary. Even Statute 6 of Chapter
6 of the Mahatma Gandhi University Statues, 1997 as sought
to be relied also do not empowers Syndicate to take action as
taken on the receipt of the complaints by the students.
5. It is totally incomprehensible as to how and under
what manner or from any provisions of the Statute or the Act,
Syndicate permitted 46 students, having a shortage of
attendance, ie., less than 75% to provisionally sit in the
examination, as maximum condonation can be only of ten 10
days. It is a disputed question of fact, which Syndicate
would not have a power to examine and decide the
authenticity regarding the mode of proof.
6. Learned counsel appearing for the petitioner
buttressed his arguments by referring to definition of
students defined under sub Section 26 of Section 2 of MG
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
University Act, defining a part- time or full-time student
receiving instruction or carrying on research in any of the
colleges or recognized institutions. Sub section 2 of Section
2 of MG University Statutes, 1997 explicitly prescribe that
words and expressions used and not defined in the Statutes
but defined in the MG University Act, 1985 shall have the
meaning assigned to them in those Act.
7. Per contra Learned counsel appearing on behalf of
the University submitted that sub Section XX of Section 23 of
MG University Act empowers the Syndicate to look into the
complaints submitted by the students and relied upon
Chapter 27 of 1997 Statute where a complete procedure has
been prescribed for adjudication of the grievance of the
students. It enumerates a constitution of a Board to
entertain, adjudicate and redress any grievance of the
students of colleges who may for any reason be aggrieved
otherwise than by an act of the court and the members of the
Board should be:- a) the Vice Chancellor as Chairman, b) the
Dean of students, c) three members of whom one shall be a
Principal of a College nominated by the Vice-Chancellor from
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
among the Members of the Syndicate, d) the Chairman of the
University Union, if any, e) two Chairman of the College
Unions nominated by the Vice Chancellor, f) two Members of
whom one shall be a Principal of a college nominated by the
Vice-Chancellor from among the members of the Academic
Council, g) the Registrar.
8. Section 6 of Chapter 27 prescribes the procedure
on entertainment of a complaint by the Board. At the
enquiry, the oral and documentary evidence on behalf of the
complainant is permitted. The complainant as also the
authorities of the college or the University shall be allowed to
file any supplementary statement in support of their case.
After arriving at a findings in respect of the complaint ,will be
forwarded to the syndicate by the Chairman of the Board for
appropriate action.
9. This Court during the course of the hearing called
upon learned counsel for the University to apprise, under
which provisions of the Act or statute, Syndicate had the
power to permit the students to sit in the examination
temporarily/provisionally. However no such provisions were
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
cited in the absence thereof. It is in that background this
Court had passed interim order.
10. Learned counsel appearing on behalf of the
students submitted that the order permitting to sit
provisionally was passed by the Syndicate only by protecting
the interest of the students in order to prevent the agony and
save future.
11. I have heard the learned counsel for the parties and
appraised the paper book. Chapter 27 of 1997 statutes is a
complete code prescribing the Board, its constitution and
registration much less the procedure. The same reads as
under:
BOARD FOR ADJUDICATION OF STUDENTS GRIEVANCES
1. Constitution:
There shall be constituted a Board to entertain, adjudicate
and redress any grievances of the Students of Colleges who
may for any reason be aggrieved otherwise than by an act of
the court.
2. Members:
The Board shall consist of:
(a) the Vice-Chancellor as Chairman;
(b) the Dean of Students;
(c) three Members of whom one shall be a Principal of a
College nominated by the Vice-Chancellor from among the
Members Syndicate.
(d) the Chairman of the University Union, if any;
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
(e) two Chairmen of the College Unions nominated by the
Vice Chancellor;
(f) two Members of whom one shall be a Principal of a
college nominated by the Vice-Chancellor from among the
members of the Academic Council
(g) The Registrar.
3. Term:
The term of a Member of the Board shall be four years from
the date of his appointment:
Provided that the term of the Chairman of the University
Union and of the Speakers of the College Unions shall be
one year and that of the Dean of Students, two years.
4. Casual vacancies:
Casual vacancies shall be filled up in the same manner as
the place that fell vacant was originally filled.
5.Receipt and entertainment of Complaint:
Complaints shall ordinarily be sent to the Chairman
through the University Union or the Principal of the college
concerned. As soon as the Chairman receives a complaint
seeking redressal of any grievance of the students of
colleges, he shall conduct a preliminary enquiry and if he
finds it necessary he shall place it before the Board. The
Board shall then decide whether the complaint shall be
retained or not.
6.Procedure on entertainment of a complaint by the
Board:
After the Board has decided that a complaint filed before it
should be entertained, it shall commence the enquiry at the
appointed time, date and place or such other date to which
the enquiry may be adjourned. At the enquiry, the oral and
documentary evidence on behalf of the complainant shall
be first adduced and the authorities of the college or
University, as the case may be, shall then be given an
opportunity to adduce oral and documentary evidence. The
complainant as also the authorities of the college or the
University shall be allowed to file any supplementary
statement in support of their case. The Board may at any
stage of the examination of the witnesses put questions to
them. After all the evidence is recorded, the Board may, if
necessary, allow the parties concerned to argue their case
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
before the Board. After all the evidence is recorded and
arguments, if any heard, the Board shall record its findings
in respect of the complaint. The findings of the Board shall
then be forwarded to the Syndicate by the Chairman of the
Board for appropriate action.
12. University had taken the aid of provisions of Section
23 (xx) of 1988 Act dealing with the powers of Syndicate.
Section 23 (xx) reads as under:
"Section 23: Powers of Syndicate: Subject to the provisions of
this Act and the Statutes the executive powers of the
University including the general, superintendence and
control over the institutions of the University shall be vested
in the Syndicate and subject likewise the Syndicate shall
have the following powers, namely:-
xxxx
xxxx
(1.XX) to arrange for and direct the investigation into
the affairs of private colleges, to issue instructions for
maintaining their efficiency, for ensuring proper conditions of
employment of members of their stall and payment of
adequate salaries to them and in case of disregard of such
instructions, to modify the conditions of affiliation or
recognition or take such other steps as it deems proper in
that behalf:"
13. Emphasis was laid to Sub clause (IV) of Section 23
which envisages to hold, control and administer the
properties and funds of the University. I am not in agreement
with the argument of the learned counsel for the University,
that such power would expand the jurisdiction of Syndicate to
examine the complaint instead it would be the domain of
Board as per Chapter 27. Thus, the impugned order Ext.P17,
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
second writ petition to the extent of permitting 46 students
to sit provisionally is wholly without jurisdiction and not in
consonance with the provisions of MU University Act, 1985
and the statute framed there under, accordingly it is set aside
and even the constitution of the enquiry sub Committee and
further, committee to examine the report, Exts.P12 and P22
in first writ petition are also quashed. The University is
directed to forward the complaints of the students to the
Board strictly as per Chapter 27 and follow the procedure
prescribed therein, in accordance with law, which also
envisage leading of an evidence both oral and documentary
by the respective parties.
Writ petitions are disposed of, in the aforementioned
terms.
Sd/-
AMIT RAWAL
sab JUDGE
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
APPENDIX OF WP(C) 28026/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ATTENDANCE SHEET OF
ST.PETERS COLLEGE
EXHIBIT P2 TRUE COPY OF THE ATTENDANCE SHORTAGE LIST
OF STUDENTS OF ST. PETER'S COLLEGE WHO
WERE IDENTIFIED TO BE NOT QUALIFIED TO
SUBMIT THE APPLICATION FEE AND REMIT FEE
EXHIBIT P3 TRUE COPY RELEVANT PAGES FROM EXAMINATION
MANUAL PUBLISHED BY THE UNIVERSITY
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE
MAHATMA GANDHI UNIVERSITY REGULATIONS FOR
UNDER GRADUATE PROGRAMS UNDER CHOICE
BASED CREDIT SYSTEM 2017
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE
COLLEGE PROSPECTUS OF ST. PETER'S COLEGE,
KOLENCHERY
EXHIBIT P6 TRUE COPY OF JUDGMENT IN W.P(C) NO. 26055
OF 2019 DATED 4-10-2019 OF THIS
HONOURABLE COURT
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
37505 OF 2016 DATED 1-12-2016 OF THIS
HONOURABLE COURT
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
35267 OF 2018 DATED 5-12-2018 OF THIS
HONOURABLE COURT
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 2-8-2019 IN
CONTEMPT CASE (CIVIL) NO 1381 OF 2019 OF
THIS HONOURABLE COURT
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 13-8-2019 IN
CONTEMPT CASE (CIVIL) NO. 1381 OF 2019 OF
THIS HONOURABLE COURT
EXHIBIT P11 TRUE COPY OF THE ORDER NO. 4747/AC A
8/2019/M.G.U OF MAHATMA GANDHI UNIVERSITY
DATED 9-10-2019
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P12 TRUE COPY OF THE EXAM RESULT OF ELDHOSE
M. JOY
EXHIBIT P12A TRUE COPY OF THE EXAM RESULT OF SULAIMAN
P. UMMER
EXHIBIT P12B TRUE COPY OF THE EXAM RESULT OF NAVEEN
JOY
EXHIBIT P12C TRUE COPY OF THE EXAM RESULT OF AABEL
BINSON.
EXHIBIT P12D TRUE COPY OF THE EXAM RESULT OF SARANJITH
P. THANKACHAN
EXHIBIT P12E TRUE COPY OF THE EXAM RESULT OF BIBIN
KURIAKOSE
EXHIBIT P12F TRUE COPY OF THE EXAM RESULT OF SAFAR
MOIDEEN V.A
EXHIBIT P13 TRUE COPY OF UNIVERSITY ORDER NO. E.K
3/C/1/PR-1/385/2018 DATED 23/4/2018 OF
MAHATMA GANDHI UNIVERSITY
EXHIBIT P13A TRUE COPY OF UNIVERSITY ORDER NO. E.K
3/C/1/PR-19/4352/2018 (1)DATED 17/9/2018
OF MAHATMA GANDHI UNIVERSITY
EXHIBIT P13B TRUE COPY OF THE UNIVERSITY ORDER NO. E.K
3/C/1/PR-264/1669/2016 DATED 7/2/2017 OF
MAHATMA GANDHI UNIVERSITY
EXHIBIT P13C TRUE COPY OF THE UNIVERSITY ORDER NO.
COND1755/E.K 3/2019 DATED 22/11/2018 OF
MAHATMA GANDHI UNIVERISTY
EXHIBIT P13D TRUE COPY OF THE UNIVERSITY ORDER NO.
COND 1781/E.K 3/2019 DATED 22/11/2018 OF
MAHATMA GAMNDHI UNIVERSITY
EXHIBIT P13E TRUE COPY OF THE UNIVERSITY ORDER NO.
COND1759/E.K.3/2019 DATED 22/11/2018 OF
MAHATMA GANDHI UNIVERSITY
EXHIBIT P13F TRUE COPY OF THE UNIVERSITY ORDER NO.
COND1765/E.K.3/2019 DATED 22/11/2018 OF
MAHATMA GANDHI UNIVERSITY
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P13G TRUE COPY OF THE UNIVERSITY ORDER NO.
COND 1757/E.K 3/2019 DATED 22/11/2018 OF
MAHATMA GANDHI UNIVERSITY
EXHIBIT P13H TRUE COPY OF THE UNIVERSITY ORDER NO.
COND1763/E.K 3/2019 DATED 22/11/2018 OF
MAHATMA GANDHI UNIVRSITY
EXHIBIT P13I TRUE COPY OF THE ATTENDANCE CONDONATION
APPLICATION SUBMITTED BY ANANDHU V.S FOR
EXHIBIT P13J TRUE COPY OF THE ATTENDANCE CONDONATION
SUBMITTED BY ANANDHU VIS FOR 2019
EXHIBIT P14 TRUE COPY OF THE ORDER IN R.P NO. 961 OF
2019 IN W.P(C) NO. 25935 OF 2019 DATED
18-10-2019 OF THIS HONOURABLE COURT
EXHIBIT P15 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE STUDENTS OF ST.PETERS COLLEGE,
KOLENCHERY BEFORE THE FIRST RESPONDENT
DATED 1-010-2019
EXHIBIT P16 TRUE COPY OF THE COMPLAINT SUBMITTED BY
AKHIL POULOSE BEFORE BASG, MAHATMA GANDHI
UNIVERSITY DATED 30-09-2019 ALONG WITH
THE FORWARDING LETTER OF NIKHIL S. NAIR,
CHAIRMAN, MAHATMA GANDHI UNIVERSITY
UNION.
EXHIBIT P17 TRUE COPY OF THE UNIVERSITY ORDER NO.
5071/AC 8/2019/ M.G.U DATED 21/10/2019 OF
MAHATMA GANDHI UNIVERSITY
EXHIBIT P18 TRUE COPY OF THE PAPER REPORT DATED
22/10/2019 IN MALAYALA MANORAMA DAILY.
EXHIBIT P19 TRUE COPY OF THE COMMUNICATION
NO.E.K.3/C/1/P.R-251/1530/2016 FORWARDED
BY THE ASSISTANT REGISTRAR ON BEHALF OF
THE EXAMINATION CONTROLLER TO THE THEN
PRINCIPAL OF THE COLLEGE DATED 6-03-2017
EXHIBIT P19(A) ENGLISH TRANSLATION OF EXT-P19.
EXHIBIT P20 TRUE COPY OF THE MEMO NO/E.K3/C/1/P.R-
253/6789/2016 DATED 29/11/2016 ISSUED BY
THE MAHATMA GANDHI UNIVERSITY.
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P20(A) ENGLISH TRANSLATION OF EXT-P20.
EXHIBIT P21 TRUE COPY OF THE FULL SET OF THE MAHATMA
GANDHI UNIVERSITY REGULATIONS FOR UNDER
GRADUATE PROGRAMS UNDER CHOICE BASED
CREDIT SYSTEM 2017.
EXHIBIT P22 TRUE COPY OF THE CONSENT LETTER GIVEN BY
AKHIL PAULOSE TO THE COLLEGE ON 30/6/2016
WHILE ADMITTING HIM TO THE COLLEGE.
EXHIBIT P22(A) ENGLISH TRANSLATION OF EXT-P23
EXHIBIT P23 TRUE COPY OF THE APPLICATION FOR TRANSFER
CERTIFICATE SUBMITTED BY AKHIL PAULOSE ON
22/8/2019 WITH THE COLLEGE
EXHIBIT P24 TRUE COPY OF THE APPLICATION FOR
ADMISSION SUBMITTED BY PRISKILLA REJI OF
B.A POLITICS III DC.
EXHIBIT P24(A) TRUE COPY OF THE CONSENT LETTER SUBMITTED
BY NAVEEN SAJAN OF B.A HISTORY III DC.
EXHIBIT P24(B) TRUE COPY OF THE APPLICATION FOR
ADMISSION TO THE COLLEGE SUBMITTED BY
SAFEELA NASRIN.T.S OF B.A HISTORY III DC.
EXHIBIT P24(C) TRUE COPY OF THE APPLICATION FOR
ADMISSION TO THE COLLEGE SUBMITTED BY
DHANESH OF B.A HISTORY III DC.
EXHIBIT 24(D) TRUE COPY OF THE APPLICATION FOR
ADMISSION TO THE COLLGE SUBMITTED BY
AROMAL C.P OF B.A MALAYAM.
EXHIBIT P24(E) TRUE COPY OF THE APPLICATION FOR
ADMISSION TO THE COLLEGE SUBMITTED BY
ARUN KUMAR E.S OF B.A MALAYALAM.
EXHIBIT P24(F) TRUE COPY OF THE APPLICATION FOR
ADMISSION TO THE COLLEGE SUBMITTED BY
ANANDHU V.S OF B.A ECONOMICS.
EXHIBIT P24(G) ENGLISH TRANSLATION OF EXT P24(A).
EXHIBIT P25 PHOTOGRAPHS SHOWING 13TH RESPONDENT
LEAVING THE EXAMINATION HALL TAKEN FROM
CCTV.
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P26 TRUE COPY OF APPLICATION FOR CONDONATION
FROM SHORTAGE ON THE MINIMUM ATTENDANCE
PRESCRIBED SUBMITTED BY SRI.ASWIN
RADHAKRISHNAN ON 19.10.2019.
EXHIBIT P27 PHOTOGRAPH OF THE ADDITIONAL 13TH
RESPONDENT LEAVING THE EXAMINATION HALL
ON 30.10.2019.
EXHIBIT P27(A) PHOTOGRAPH OF THE ADDITI0NAL 13TH
RESPONDENT LEAVING THE EXAMINATION HALL
ON 4.11.2019.
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
APPENDIX OF WP(C) 1978/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ONE OF THE ATTENDANCE SHEET
MAINTAINED WITH ST. PETERS COLLEGE,
KOLENCHERY
EXHIBIT P2 TRUE COPY OF THE MAHATMA GANDHI UNIVERSITY
REGULATIONS FOR UNDER GRADUATE PROGRAMS
UNDER CHOICE BASED CREDIT SYSTEM 2017.
EXHIBIT P2(A) TRUE COPY OF RELEVANT PAGES FROM
EXAMINATION MANUAL PUBLISHED BY THE MAHATMA
GANDHI UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 04/10/2019
IN W.P.(C) NO.26055/2019 OF THIS HON'BLE
COURT
EXHIBIT P3(A) TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.37505 OF 2016 DATED 01/12/2016 OF
THIS HONOURABLE COURT.
EXHIBIT P3(B) TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.35267 OF 2018 DATED 005/12/2018 OF THIS
HONOURABLE COURT.
EXHIBIT P3(C) TRUE COPY OF THE ORDER DATED 02/08/2019 IN
CONTEMPT CASE (CIVIL) NO.1381 OF 2019 OF
THIS HONOURABLE COURT
EXHIBIT P3(D) TRUE COPY OF THE ORDER DATED 13/08/2019 IN
CONTEMPT CASE (CIVIL) NO.1381 OF 2019 OF
THIS HONOURABLE COURT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.4747/AC A
8/2019/M.G.U. OF MAHATMA GANDHI UNIVERSITY
DATED 09/10/2019 ALONG WITH E.MAIL
COMMUNICATION DATED 09/10/2019.
EXHIBIT P4(A) ENGLISH TRANSLATION OF RELEVANT OF PORTION
OF EXT-P4.
EXHIBIT P5 TRUE COPY OF THE EMAIL COMMUNICATION ISSUED
BY THE REGISTRAR OF MAHATMA GANDHI
UNIVERSITY TO THE COLLEGE AT 10.14 A.M. ON
09/10/2019
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BY
STUDENTS BEFORE 1ST RESPONDENT DATED
01/10/2019
EXHIBIT P6(A) ENGLISH TRANSLATION OF RELEVANT PORTION OF
EXT-P6
EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY
AKHIL PAULOSE BEFORE BASG, MAHATMA GANDHI
UNIVERSITY UNION DATED 30/09/2019 ALONG
WITH THE FORWARDING LETTER OF NIKHIL S.
NAIR, MAHATMA GANDHI UNIVERSITY UNION TO
1ST RESPONDENT DATED 30/09/2019.
EXHIBIT P7(A) ENGLISH TRANSLATION OF EXT-P7
EXHIBIT P8 TRUE COPY OF THE UNIVERSITY ORDER
NO.5071/AC A 8/2019/M.G.U. DATED 21/10/2019
EXHIBIT P8(A) ENGLISH TRANSLATION OF EXT-P8
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 22/10/20189 IN
W.P.(C) NO.28026/2019 OF THIS HON'BLE COURT
EXHIBIT P10 TRUE COPY OF THE CONSENT LETTER GIVEN BY
AKHIL PAULOSE TO THE COLLEGE ON 30/06/2016
WHILE ADMITTING HIM WITH THE COLLEGE.
EXHIBIT P10(A) ENGLISH TRANSLATION OF EXT-P10
EXHIBIT P11 TRUE COPY OF THE APPLICATION FOR TRANSFER
CERTIFICATE SUBMITTED BY AKHIL PAULOSE ON
22/08/2019
EXHIBIT P12 TRUE COPY OF UNIVERSITY ORDER NO.6031/AC A
8/2019 M.G.U. DATED 28/11/2019 OF MAHATMA
GANDHI UNIVERSITY.
EXHIBIT P12(A) ENGLISH TRANSLATION OF EXT-P12
EXHIBIT P13 TRUE COPY OF THE APPLICATION FOR ADMISSION
SUBMITTED BY PRISKILLA REGI TO THE ST.
PETER'S COLLEGE
EXHIBIT P13(A) TRUE COPY OF THE CONSENT LETTER GIVEN BY
NAVEEN SAJAN TO ST.PETER'S COLLEGE.
EXHIBIT P13(B) TRUE COPY OF THE APPLICATION FOR ADMISSION
SUBMITTED BY SAFEELA NASRIN TO ST. PETER'S
COLLEGE
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P13(C) TRUE COPY OF THE APPLICATION FOR ADMISSION
SUBMITTED BY DHANISH P. TO ST. PETER'S
COLLEGE
EXHIBIT P13(D) TRUE COPY OF THE APPLICATION FOR ADMISSION
SUBMITTED BY AROMAL C.P. TO ST. PETER'S
COLLEGE
EXHIBIT P13(E) TRUE COPY OF THE APPLICATION FOR ADMISSION
SUBMITTED BY ARUN KUMAR E.S.TO ST. PETER'S
COLLEGE
EXHIBIT P13(F) TRUE COPY OF THE APPLICATION FOR ADMISSION
SUBMITTED BYANANDHU V.S. TO ST. PETER'S
COLLEGE
EXHIBIT P13(G) ENGLISH TRANSLATION OF EXT-P13(A)
EXHIBIT P13(H) TRUE COPY OF THE EXT-P6 COMPLAINT SUBMITTED
BY STUDENTS BEFORE THE FIRST RESPONDENT
DATED 01/10/2019
EXHIBIT P14 TRUE COPY OF THE COMPLAINT SUBMITTED
DR.P.V. SHIBU, ASSISTANT PROFESSOR OF
ENGLISH, ST.PETER'S COLLEGE DATED
31/12/2019
EXHIBIT P15 TRUE COPY OF THE COMPLAINT SUBMITTED BY
DR.BINUJA JOSEPH, ASSOCIATE PROFESSION,
DEPARTMENT OF ENGLISH, ST.PETER'S COLLEGE
DATED 31/12/2019.
EXHIBIT P16 TRUE COPY OF THE COMPLAINT SUBMITTED BY
DR.JAIN MATHEW N., HOD OF ENGLISH DATED
31/12/2019
EXHIBIT P16(A) TYPED COPY OF EXT-P16
EXHIBIT P17 TRUE COPY OF THE COMPLAINT SUBMITTED BY
DR.SHAJU VARGHESE, ST.PETER'S COLLEGE DATED
07/01/2020 BEFORE THE CIRCLE INSPECTOR OF
POLICE, PUTHENCRUZ POLICE STATION
EXHIBIT P18 TRUE COPY OF THE RECEIPT ISSUED BY THE
CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ
POLICE STATION DATED 09/01/2020
EXHIBIT P19 TRUE COPY OF THE COMMUNICATION NO.37967/AC
A8/1/AC A 8 DATED 09/01/2020 BY THE MAHATMA
GANDHI UNIVERSITY
WP(C).No.28026 OF 2019(C) AND CONCTD. CASE
EXHIBIT P19(A) ENGLISH TRANSLATION OF EXT-P19
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION SUBMITTED BY
DR.SHAJU VARGHESE BEFORE THE REGISTRAR OF
MAHATMA GANDHI UNIVERSITY DATED 14/01/2020
EXHIBIT P20(A) ENGLISH TRANSLATION OF EXT-P20
EXHIBIT P21 TRUE COPY OF THE COMMUNICATION SUBMITTED BY
DR.SHAJU VARGHESE BEFORE THE REGISTRAR OF
MAHATMA GANDHI UNIVERSITY DATED 21/01/2020
EXHIBIT P21(A) ENGLISH TRANSLATION OF EXT-P21
EXHIBIT P22 TRUE COPY OF THE UNIVERSITY ORDER NO.264/AC
A 8/2020/M.G.U. DATED 17/01/2020
EXHIBIT P22(A) ENGLISH TRANSLATION OF EXT-P22
EXHIBIT P23 TRUE COPY OF THE REFER REPORT IN CRIME NO.909/2019
OF PUTHENCRUZ POLICE STATION DATED 5.2.2020 FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERY
