Kerala High Court
Muhammed Shahajas vs The Vice Chancellor on 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.2968 OF 2021(U)
PETITIONER:
MUHAMMED SHAHAJAS, AGED 18 YEARS
S/O. BASHEER, KOLADATHIL HOUSE,
PATHIYARAKKARA P.O., VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN-673 105.
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENTS:
1 THE VICE CHANCELLOR
UNIVERSITY OF CALICUT, THENHIPALAM,
KOZHIKODE DISTRICT-673 635.
2 THE REGISTRAR, UNIVERSITY OF CALICUT,
THENHIPALAM, KOZHIKODE DISTRICT-673 635.
3 THE PRINCIPAL, M.H.E.S. COLLEGE OF SCIENCE AND
TECHNOLOGY, CHERANDATHUR, VATAKARA TALUK,
KOZHIKODE DISTRICT, PIN-673 541.
4 STATE OF KERALA, REPRESENTED BY ITS SECRETARY
TO HOME, GOVERNEMNT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
SRI-BIJOY CHANDRAN-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 2968/21
2
JUDGMENT
The petitioner has approached this Court
seeking that the 1st and 2nd respondents be
directed to permit him to register for the
Graduation Course, by enlarging the scheduled
time - which expires on 15.03.2021. He says
that even though he had paid fees to the
University of Calicut as per Exts.P1 and P2
within time, he was unable to make
registration on account of the fact that his
father was suffering from cancer and his
presence being required with him throughout.
He says that he, therefore, preferred Exts.P3
and P4 representations before the University
and thus seeks that the same be directed to be
taken up and disposed of within a time frame
to be fixed by this Court.
2. However, when this matter was called
today, the learned Standing Counsel for the
University - Sri.P.C.Sasidharan, submitted
WPC 2968/21
that no benefit would inure to the petitioner
even if Exts.P3 and P4 are taken up and
disposed of, since the semester is to end by
the end of this month and that even if he is
allowed to register now, he would not able to
complete the same on account of the deficit of
mandatory attendance requirements. He,
therefore, prayed that this writ petition be
dismissed.
3. I notice that his writ petition had
been filed on 04.02.2021, nearly 20 days after
the time frame for registration of Graduation
Course fixed by the University had expired on
15.01.2021. More a month's time has passed
thereafter, and am, therefore, of the firm
view that no benefit would inure to the
petitioner even if this Court is to find in
his favour. Therefore, even when empathy to
the petitioner, on account of his travails in
his life, may have moved this Court, it would
WPC 2968/21
not be justified to grant him benefits that
have been sought for in this Writ Petition,
because he would not obtain the mandatory
attendance, which is required for the semester
ending by the end of March 2021.
In the afore circumstances, this writ
petition is closed without any further orders;
however, leaving liberty to the petitioner to
approach the University for any other reliefs,
as he may be advised.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 2968/21
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED
20.11.2020 ISSUED BY UNIVERSITY OF
CALICUT TO THE PETITIONER FOR
PAYMENT OF ADMISSION MANDATORY FEE.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED
4.11.2020 ISSUED BY UNIVERSITY OF
CALICUT TO THE PETITIONER FOR THE
PAYMENT OF ADMISSION REGISTRATION
FEE.
EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER
DATED 18.1.2020 SUBMITTED BY THE
PETITIONER BEFORE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED
3.2.2021 SUBMITTED BY THE PETITIONER
BEFORE IST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE DEATH CERTIFICATE
OF THE FATHER OF THE PETITIONER
ISSUED BY THE MANIYOOR PANCHAYAT ON
28.1.2021.
