Ramzi vs The Principal,Nit, Kozhikode
2021 Latest Caselaw 20486 Ker

WP(C) NO. 4289 OF 2007                   1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                               WP(C) NO. 4289 OF 2007
PETITIONER/S:

               RAMZI
               PETITION RECEIVED FROM SRI.RAMZI (JORDANIAN,
               NATIONAL), CONVICT, CENTRAL JAIL NO.2, TIHAR.

               BY ADV SUO MOTU



RESPONDENT/S:

      1        THE PRINCIPAL,NATIONAL INSTITUTE OF
               TECHNOLOGY (NIT) KOZHIKODE.

      2        THE REGISTRAR, UNIVERSITY OF CALICUT,
               KOZHIKODE.

      3        THE CONTROLLER OF EXAMINATIONS,
               UNIVERSITY OF CALICUT, KOZHIKODE.

      4        THE SUPERINTENDENT,
               CENTRAL JAIL NO.2, TIHAR, NEW DELHI.

              BY ADV SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.10.2021,         THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 4289 OF 2007              2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                      W.P.(C.) No.4289 of 2007
                    --------------------------------------
               Dated this the 1st day of October, 2021


                               JUDGMENT

The above writ petition was registered based on a letter

from a Jordanian National. In the letter, it is stated that he

had joined at Regional Engineering College, Kozhikode which

is affiliated to Calicut University. Subsequently, he involved in

a criminal case and was confined in Central Jail, No.2, Tihar.

He wants to write the examination. In such circumstances, a

petition was forwarded to this Court, through jail authorities

and the case was registered suo motu. Several orders were

passed by this Court and even now, this writ petition is

pending before this Court.

2. When this matter came up for final hearing, I

directed the Standing Counsel for the University to get the

present position. The Standing Counsel filed a statement on

behalf of respondent Nos. 2 & 3. It will be better to extract

the relevant paragraphs of the statement.

"3. He had been registered for 1st Semester regular Examination in the session April 1986 and 8th semester regular examinations in the session October 1990. He has not successfully completed the course. Though he prayed to grant permission to appear final semester in his writ petition, he had availed/ appeared for the 8th semester in the session October 1990. He will not pass the course merely allowing permission to register 8th semester as he had many pending papers in lower semesters of 4th, 5th, 6th, Tenth and also in 8th semester.

4. As per regulation of B.Tech course, a candidate has to be passed the B.Tech course within 8 years from the registration of examination. Hence, the regular chances for appearing supplementary examinations to the candidate had been elapsed in 1994. Special Chances for appearing Supplementary examinations for Mechanical Engineering-old scheme were given during June 2008 & January 2012. But the candidate has not registered/applied/availed for the examination. It is submitted that the candidate did not avail the chance for special supplementary examinations after 2007 i.e. after filing this writ petition.

5. It is further submitted that as of now after the establishment of Technical University and the University is not affiliating any Engineering Courses of colleges as well"

3. In the light of the above statement, nothing survives

in this case.

Therefore, this writ petition is closed, recording the

statement of the University.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS