Midhulaj vs University Of Calicut
2021 Latest Caselaw 1630 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                      WP(C).No.28058 OF 2020(F)


PETITIONER:

              MIDHULAJ,
              AGED 23 YEARS,
              S/O. YAHYAKHAN, CHOLAKKAL HOUSE,
              ANCHACHAVADI P.O. KALIKAVU, MALAPPURAM DISTRICT.

              BY ADVS.
              SRI.P.C.MUHAMMED NOUSHIQ
              SMT.JAHANA SHERIN.K

RESPONDENT:

      1       UNIVERSITY OF CALICUT,
              CALICUT UNIVERSITY POST, THENIPALAM,
              MALAPPURAM DISTRICT 673 653.
              REPRESENTED BY ITS REGISTRAR.

      2       THE PRINCIPAL,
              MES KALLADI COLLEGE,
              MANNARKAD COLLEGE POST,
              PALAKKAD 678 583.

      3       DEVAN OF STUDENTS WELFARE OF UNIVERSITY OF CALICUT,
              UNIVERSITY OF CALICUT, THENIPALAM,
              MALAPPURAM DISTRICT 673 653.

      4       MIDHUN.
              AGED 22 YEARS
              S/O. MURUKAN KUTTY, MANNAMAPARAMBIL VEEDU,
              KAVASSERI P.O. ALATHUR , PALAKKAD 678 543.


OTHER PRESENT:

              SC P.C. SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28058 OF 2020                       -2-




                                   JUDGMENT

Dated this the 15th day of January 2021

This writ petition is filed seeking the following

reliefs:

"i. to call for records leading to Exhibits P1 to P6 and to declare that petitioners are entitled to attend classes of 6th semester (BBA Course) undergraduate degree in second respondent college. ii. to direct respondents 1 to 3 to permit petitioner to attend classes of 6th semester (BBA Course) undergraduate degree in second respondent college by issuing a writ of certiorari or any other appropriate writ direction or order. iii. to declare that Exhibit P3 suspension notice and all proceedings pursuant to that and leading to that against the petitioner is illegal and unsustainable and the proceedings are liable be closed.

iv. to quash Exhibit P3 suspension notice and all proceedings pursuant to that and leading to that by issuing a writ of certiorari or any other appropriate writ direction or order.

v. Alternatively to direct the 2nd and 3rd respondent to finalise the proceedings as per Exhibit

P6 and P6(a), also by issuing a writ of mandamus or any other appropriate writ direction or order. vi. to declare that petitioners are entitled to get attendance from 14.11.2020 to 11.12.2020."

2. Heard the learned counsel for the petitioner and

the learned Standing counsel appearing for the

University.

3. It is submitted that the notice has been served

on respondent Nos.2 and 4 as well by e-mail. However,

there is no appearance today for respondent Nos.2 and 4.

Learned counsel for the petitioner submits that the

petitioner has preferred Ext.P6 representation before the

dean of Students Welfare at University of Calicut.

4. The learned Standing Counsel submits that the

Board of Adjudication of Students Grievances is

competent to consider Ext.P6 representation preferred by

the petitioner.

5. In the above view of the matter, there will be a

direction to the 3rd respondent to place Ext.P6

representation preferred by the petitioner before the

Board of Adjudication of Students Grievances, which shall

consider the issue with notice to the petitioner and

respondent Nos.2 and 4 and any other affected parties as

well by any appropriate means including video

conference. Orders shall be passed within a period of six

weeks from the date of receipt of a copy of this judgment.

The present arrangement by which the petitioner is

permitted to attend the online classes shall continue till

orders are passed as directed above.

Sd/-

ANU SIVARAMAN

JUDGE vv

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE SAID SUSPENSION NOTICE DATED 13/12/2019 ISSUED BY THE 2ND RESPONDENT TO PETITIONER.

OF 2019 OF MANNARKAD POLICE STATION DATED 30.12.2019.

OF 2019 OF MANNARKAD POLICE STATION DATED 30.12.2019.

EXHIBIT P5 TRUE COPY OF THE FINAL REPROT IN CRIME NO. 874 OF 2019 IN MANNARKAD POLICE STATION.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 02.11.2020 PREFERRED BY PETITIONER BEFORE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 02.11.2020 PREFERRED BY PETITIONER BEFORE 2ND RESPONDENT.