Kerala High Court
Kevin Roy vs The Kerala University on 5 April, 2022
WP(C) NO. 8597 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 8597 OF 2022
PETITIONERS:
1 KEVIN ROY,
AGED 20 YEARS,
S/O. ROY, SHIMON VILLA, KEERTHY NAGAR, VAZHUTHOOR,
NEYYATTINKARA P.O, NEYYATTINKARA, THIRUVANANTHAPURAM
695 121
2 PRANAV P.V,
AGED 20 YEARS,
S/O. P. PUSHKARAN, ILAGATHU VEEDU, PURUTHIPPARA,
VAZHICHAL, AMBOORI, KUTTAMALA, THIRUVANANTHAPURAM
695 505
3 HEBIN SELASTIN,
AGED 20 YEARS,
S/O. SELASTIN, ERIKKALAVILA, POOVAR, THIRUPURAM,
THIRUVANANTHAPURAM 695 525
BY ADV M.R.SARIN
RESPONDENTS:
1 THE KERALA UNIVERSITY,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM 695 034
REPRESENTED BY THE VICE CHANCELLOR
2 THE VICE CHANCELLOR,
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM 695 034
WP(C) NO. 8597 OF 2022 2
3 THE REGISTRAR
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM 695 034
4 THE EMMANUEL COLLEGE,
VAZHICHAL P.O, KUDAPPANAMOODU, THIRUVANANTHAPURAM
695 505
REPRESENTED BY THE PRINCIPAL
5 THE PRINCIPAL,
THE EMMANUEL COLLEGE, VAZHICHAL P.O, KUDAPPANAMOODU,
THIRUVANANTHAP[URAM 695 505
6 THE MANAGER,
THE EMMANUEL COLLEGE, VAZHICHAL P.O, KUDAPPANAMOODU,
THIRUVANANTHAPURAM 695 505
7 THE CONTROLLER OF EXAMINATION
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM 695 034
BY ADVS.
R1 TO R3 BY SHRI.THOMAS ABRAHAM, SC, UNIVERSITY OF
KERALA
R4 TO R6 BY R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 8597 OF 2022 3
JUDGMENT
The petitioners herein are students pursuing the 2nd year B.Com
Computer Application Course (2020-2023 Batch) in Emmanuel College,
Vazhichal, Thiruvananthapuram. The petitioners contend that without
complying with the provisions of the Rules and Regulations governing the
subject, disciplinary action was initiated against the petitioners herein and
transfer certificates have been issued to the petitioners. They contend that
the College authorities did not permit the petitioners to attend the 3rd
Semester examinations as well. In the said circumstances, they filed
representations before the College authorities. They contend that no action
has been taken by the authorities concerned and in the aforesaid
circumstances they have approached this Court seeking to quash Ext.P1 to
Ext.P3 transfer certificates and for a further direction commanding the
respondents to permit the petitioners to continue with the B.Com Computer
Application Course (2020-2023 Batch) in the 4th respondent College and also
to permit the petitioners to write the examinations conducted by the 7th
respondent. In addition, they have also sought direction from the 3rd
respondent to consider Ext.P13, Ext.P15 and Ext.P19 representations within a
time frame.
2. A statement has been filed by the Standing Counsel appearing for
the University. In paragraph 3 of the statement, it has been stated thus :
"It is humbly submitted that the representation from the petitioners was
received at the University on 11-3-2022. Remarks were sought from the
Principal as per the Letter No.11243/Ac.B1/2022/ UOK, dated 18-03-2022.
No reply has been received from the Principal, Emmanuel College till date
however. It is pertinent to note that it is essential to establish whether the
Principal has issued transfer certificates in compliance with Clause 8 of
Chapter 3 of the Kerala University First Ordinance. The said clause stipulates
that "If any student is expelled from any College maintained by or affiliated
to the University, intimation of the fact of expulsion with a statement of the
reasons therefore shall be given forthwith by the Principal to the parent or
guardian of the student, and to the Syndicate."
3. Though notice was served on the respondents 4 to 6 through special
messenger, they have not chosen to enter an appearance.
4. I have considered the submissions advanced. It is not borne out
from the pleadings or from the records as to what the allegations against the
petitioners are. The Standing Counsel appearing for the University submits
that the petitioners having been removed from the roles of the College and
unless the said order is varied or set aside, the petitioners cannot be
permitted to attend the examinations. Learned counsel points out that the
petitioners have an option to prefer the complaint before the Board of
Adjudication of Student Grievances (for short 'BASG') constituted under
Chapter 36 of the Kerala University First Statutes. It is submitted that if a
proper complaint detailing all facts is submitted before the BASG in terms of
the provisions of the statute, expeditious action shall be taken and the
grievance of the students can be redressed.
5. Having considered the submissions advanced by the learned counsel
on both sides, I am of the view that the course suggested by the learned
Standing Counsel appearing for the University is the proper one, as there are
no materials before this Court to state either way as to the allegations found
to have been proved against the petitioners herein.
6. In that view of the matter, the following directions are issued:
There will be a direction to the petitioners to file an appropriate
complaint before the Board of Adjudication of Students Grievances constituted
as per the provisions of the Kerala University First Statutes within a period of
ten days from today. If any such complaint is filed, the BASG shall hear the
petitioners as well as the College concerned and take a decision, as
expeditiously as possible, within a period of three weeks from the date of
filing of the complaint.
The writ petition is disposed of accordingly.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
amk
APPENDIX OF WP(C) 8597/2022
PETITIONERS' EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE TRANSFER CERTIFICATE
ISSUED BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER DATED ON 05-03-2022
Exhibit P2 THE TRUE COPY OF THE TRANSFER CERTIFICATE
ISSUED BY THE 5TH RESPONDENT TO THE 2ND
PETITIONER DATED 05-03-2022
Exhibit P3 THE TRUE COPY OF THE TRANSFER CERTIFICATE
ISSUED BY THE 5TH RESPONDENT TO THE 3RD
PETITIONER DATED 05-03-2022
Exhibit P4 THE TRUE COPY OF THE CONDUCT CERTIFICATE
ISSUED BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER DATED ON 05-03-2022
Exhibit P5 THE TRUE COPY OF THE CONDUCT CERTIFICATE
ISSUED BY THE 5TH RESPONDENT TO THE 2ND
PETITIONER DATED ON 05-03-2022
Exhibit P6 THE TRUE COPY OF THE CONDUCT CERTIFICATE
ISSUED BY THE 5TH RESPONDENT TO THE 2ND
PETITIONER DATED 0N 05-03-2022
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE 1ST PETITIONER BEFORE THE 5TH
RESPONDENT DATED 10-03-2022
Exhibit P8 THE TRUE COPY OF THE TRANSLATION OF THE
EXT P7 REPRESENTATION
Exhibit P9 THE TRUE COPY REPRESENTATION LETTER FILED
BY THE 2ND PETITIONER BEFORE THE 5TH
RESPONDENT DATED ON 10-03-2022
Exhibit P10 THE TRUE COPY OF ENGLISH TRANSLATION OF
EXHIBIT P9 REPRESENTATIONS.
Exhibit P11 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE 3RD PETITIONERS BEFORE THE
5TH RESPONDENT DATED ON 10-03-2022
Exhibit P12 THE TRUE COPY OF ENGLISH TRANSLATION OF
EXHIBIT P10 REPRESENTATIONS
Exhibit P13 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE 1ST PETITIONERS BEFORE THE
3RD RESPONDENT DATED ON 10-03-2022
Exhibit P14 THE TRUE OF ENGLISH TRANSLATION OF EXHIBIT
P13 REPRESENTATIONS
Exhibit P15 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE 2ND PETITIONERS BEFORE THE
3RD RESPONDENT DATED ON 10-03-2022
Exhibit P16 THE TRUE COPY OF ENGLISH TRANSLATION OF
EXHIBIT P15 REPRESENTATIONS.
Exhibit P17 THE TRUE COPY OF THE REPRESENTATION LETTER
FILED BY THE 3RD PETITIONERS BEFORE THE
3RD RESPONDENT DATED ON 10-03-2022
Exhibit P18 THE TRUE COPY OF ENGLISH TRANSLATION OF
EXHIBIT P17 REPRESENTATIONS.
