The Principal vs The Principal
2021 Latest Caselaw 7545 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

              RP.No.961 OF 2019 IN WP(C). 25935/2019

   AGAINST THE JUDGMENT IN WP(C) 25935/2019(N) OF HIGH COURT OF
                              KERALA


REVIEW PETITIONER/4th RESPONDENT:

             THE PRINCIPAL,
             ST. PETER'S COLLEGE
             KOLENCHERY,
             ERNAKULAM DISTRICT-682311.

             BY ADVS.
             SRI.K.M.SATHYANATHA MENON
             SMT.KAVERY S THAMPI

RESPONDENT/PETITIONER & RESPONDENTS 1 TO 3:

      1      KRISHNADEV MANOJ,
             IIND YEAR B.A. DEGREE COURSE
             (3RD SEMETER B.A.DEGREE COURSE),
             ST.PETER'S COLLEGE,
             KOLENCHERY,
             ERNAKULAM DISTRICT-682311.

      2      MAHATMA GANDHI UNIVERSITY,
             PRIYADARSINI HILLS POST,
             ADMINISTRATIVE BLOCK,
             UNIVERSITY CAMPUS ROAD,
             ATHIRAMPUZHA,
             KOTTAYAM DISTRICT-686560,
             REPRESENTED BY ITS REGISTRAR.

      3      THE VICE CHANCELLOR,
             MAHATMA GANDHI UNIVERSITY,
             PRIYADARSINI HILLS POST,
             ADMINISTRATIVE BLOCK,
             UNIVERSITY CAMPUS ROAD,
             ATHIRAMPUZHA,
             KOTTAYAM DISTRICT-686560.

      4      CONTROLLER OF EXAMINATIONS,
             MAHATMA GANDHI UNIVERSITY,
             PRIYADARSINI HILLS POST,
             ADMINISTRATIVE BLOCK,
 RP.No.961 OF 2019 IN WP(C). 25935/2019

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                            UNIVERSITY CAMPUS ROAD,
                            ATHIRAMPUZHA,
                            KOTTAYAM DISTRICT-686560.

                            R1 BY ADV. SMT.K.V.BHADRA KUMARI
                            R2 TO 4 - SRI.ASOK.M.CHERIAN

             THIS REVIEW PETITION HAVING COME UP FOR ADMISSION        ON
        04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.961 OF 2019 IN WP(C). 25935/2019

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                                                     ORDER

Dated this the 4th day of March 2021

This review petition is filed seeking to review the judgment of

this Court dated 30.09.2019 in W.P.(C).No.25935 of 2019. The

subject issue considered in the writ petition was with regard to the

disciplinary action taken against the petitioner in the writ petition

and the consequential application submitted by the writ petitioner

to sit for the examination. In fact, it is an admitted fact that there

was shortage of attendance and whether attendance shortage

during the period of strike should be condoned was also a subject

matter in the writ petition.

2. Any how, the strike that took place in the college and

other consequences with regard to the power of the University to

condone the attendance were all subject matter of yet another writ

petition namely W.P.(C).No.28026 of 2019, which was disposed of

by a learned Single Judge of this Court on 04.02.2021, with the

following directions:

"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,second writ petition to the extent of permitting 46 students to sit RP.No.961 OF 2019 IN WP(C). 25935/2019

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."

3. Taking into account the above said aspects and the

findings rendered in the said judgment, I do not think anything

survives to be considered in this review petition, since the entire

aspects are taken note of the learned Single Judge and it has also

arrived at a finding that the Board of Students Grievances has got

power under the Chapter 27 of the Mahatma Gandhi University

Statues,1997.

Therefore, the review petition is dismissed, leaving open the

liberty of the petitioner to take up all contentions in accordance

with the directions contained in the afore said judgment.

Sd/-

SHAJI P.CHALY JUDGE VPK RP.No.961 OF 2019 IN WP(C). 25935/2019

APPENDIX OF RP 961/2019 PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST RESPONDENT DATED 20.9.2019 BEFORE THE HEAD OF THE DEPARTMENT OF POLITICAL SCIENCE OF ST.PETER'S COLLEGE, KOLENCHERY.

ANNEXURE B TRUE COPY OF THE APPLICATION FORM FOR CONDONATION OF SHORTAGE ON THE MINIMUM ATTENDANCE.

ANNEXURE C TRUE COPY OF THE COMMUNICATION FROM THE ASSISTANT REGISTRAR OF MAHATMA GANDHI UNIVERSITY DATED 29.11.2016.

ANNEXURE C1 TRUE COPY OF THE COMMUNICATION FROM THE ASSISTANT REGISTRAR OF MAHATMA GANDHI UNIVERSITY DATED 6.3.2017.

ANNEXURE D TRUE COPY OF THE LIST OF THE COLLEGES WHEREIN THE SAME ATTENDANCE SOFTWARE RECORDING SYSTEM AS THE ONE FOLLOWED IN ST.PETERS COLLEGE

ANNEXURE E TRUE COPY OF THE RELEVANT PAGES OF THE PROSPECTUS OF ST.PETER'S COLLEGE, KOLENCHERY

ANNEXURE F TRUE COPY OF THE MAHATMA GANDHI UNIVERSITY REGULATIONS FOR UNDER GRADUATE PROGRAMS UNDER CHOICE BASED CREDIT SYSTEM 2017

ANNEXURE G TRUE COPY OF THE ORDER DATED 02.08.2019 IN CONTEMPT CASE (CIVIL) NO.1381 OF 2019 OF THIS HONOURABLE COURT.

ANNEXURE H TRUE COPY OF THE ORDER DATED 13.08.2019 IN CONTEMPT CASE (CIVIL) NO.1381/2019 OF THIS HONOURABLE COURT RESPONDENT'S/S EXHIBITS:

ANNEXURE R1(a) TRUE COPY OF THE INDIVIDUAL ATTENDANCE REPORT FOR THE PERIOD FROM 06.06.2019 TO 05.10.2019