The Principal vs Mohammed Ajsal. K
2022 Latest Caselaw 11610 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA,
                           1944
                    RP NO. 1227 OF 2022
 AGAINST THE JUDGMENT WP(C) 37138/2022 OF HIGH COURT OF
                          KERALA
REVIEW PETITIONER/ 2ND RESPONDENT:

         THE PRINCIPAL,
         PRIYADARSINI ARTS & SCIENCE COLLEGE, MELMURI
         P.O, MALAPPURAM DISTRICT- 676517.
         BY ADVS.
         O.V.MANIPRASAD
         JOSE ANTONY
         HARIKRISHNAN P.


RESPONDENTS/PETITIONERS & RESPONDENTS 1,3 & 4:

   1      MOHAMMED AJSAL. K
          AGED 20 YEARS
          S/O MUJEEB RAHMAN.K, KOLAKKADON HOUSE,
          MANGALASSERI, MANJERI, MALAPPURAM DISTRICT- 676
          123.
   2      ILYAS BABU T.P,
          AGED 20 YEARS
          S/O MOHAMMED T.P, KONIYAKATH HOUSE, THALEKKARA,
          ANDIYOORKUNNU POST, PULIKKAL, MALAPPURAM
          DISTRICT- 673 637.
   3      MOHAMMED FAVAS.E,
          AGED 20 YEARS
          S/O ABOOBAKER. E, ERUMBATH HOUSEVADAKKANGARA
          POST,
          MALAPPURAM DISTRICT- 676 517.
   4      CALICUT UNIVERSITY,
          CALICUT UNIVERSITY POST, THENIPALAM, MALAPPURAM
          DISTRICT- 673 653. REPRESENTED BY IT'S
          REGISTRAR.
 RP No.1227/22
                                   ..2..

    5      DEAN OF STUDENTS WELFARE OF UNIVERSITY OF
           CALICUT,
           UNIVERSITY OF CALICUT, THENIPALAM, MALAPPURAM
           DISTRICT-673 653.
    6      MUHAMMED ANFAS SHOUKI,
           AGED 20 YEARS
           S/O. HABEEBURAHMAN, KAMBRAN HOUSE, KUZHICHANA
           P.O, VENGARA, MALAPPURAM DISTRICT- 676 508.
        THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.12.2022,     THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 RP No.1227/22
                                ..3..




                              ORDER

This petition, seeking review of the judgment of this Court

dated 06.12.2022, has been impelled on the specific assertion

that the record therein, that the disputes have settled between

the parties, was incorrect.

2. Sri.O.V.Maniprasad - learned counsel for the

petitioner, submitted that, though there was no settlement

between the parties per se, it had been decided that the 3rd

respondent - Dean of Student Welfare of Calicut University,

would be authorised to consider the claims of the petitioners

also; and that, it was in such circumstances, that a submission

was made that the matter had been settled. He explained

that, the writ petitioners are, in fact, not attending classes and

therefore, that the privilege given to them in the judgment, to

do so provisionally, was not necessary. He, thus, prayed that

this review petition be allowed to such extent.

3. Sri.P.C.Muhammed Noushiq - learned counsel

appearing for the writ petitioners, submitted that, though his

clients attempted to attend classes on the basis of the liberty RP No.1227/22 ..4..

reserved in the judgment, they were refused to do so; and that

as of now, they are left without any other remedy. He,

however, confirmed that the Board of Adjudication of Student

Grievances of the University is yet to take a decision on the

issues involved.

4. Sri.P.C.Sasidharan - learned Standing Counsel for

the Calicut University, submitted that the aforementioned

Board will take a decision within the time frame fixed by this

Court; and therefore, that there would be no prejudice to the

writ petitioners, if they are to wait until then.

5. When I consider the afore submissions, it is without

doubt that the judgment proceeded on the assumption that the

matter had been settled. However, since the issue involved is

serious and a settlement per se could not have been apposite,

I am of the view that the suggestion of Sri.P.C.Sasidharan

deserves to be accepted.

I, therefore, review this judgment to the limited extent of

withdrawing liberty granted to the petitioners to attend the

classes; however, making it clear that they will be at liberty to

do so, subject to the decision to be taken by the Board of RP No.1227/22 ..5..

Adjudication for Student Grievances of the Calicut University,

which will be done within the time frame fixed in this

judgment.

With the afore clarification this Review Petition is

disposed of.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR RP No.1227/22 ..6..

APPENDIX OF RP 1227/2022

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE COMPLAINT DATED 30.06.2022.

Annexure A2 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 04.07.2022.

Annexure A3 A TRUE COPY OF THE REPORT OF THE ENQUIRY COMMITTEE.

Annexure A4 A TRUE COPY OF THE ORDER DATED 27.10.2022 REMOVING THE WRIT PETITIONERS FROM THE ROLLS OF THE COLLEGE.

Annexure A5 A TRUE COPY OF LETTER DATED 19.11.2022 ISSUED BY THE 3RD RESPONDENT.

Annexure A6 A TRUE COPY OF LETTER DATED 23.11.2022 BY THE REVIEW PETITIONER TO THE 3RD RESPONDENT.

Annexure A7 A TRUE COPY OF THE STATEMENT DATED 12.12.2022 OF THE 4TH RESPONDENT. Annexure A8 A TRUE COPY OF THE COMPLAINT DATED 18.07.2022.

Annexure A9 A TRUE COPY OF THE COMPLAINT MADE BY NAVAS.P, ADDL. CHIEF SUPERINTENDENT OF THE EXAMINATION CENTRE.

Annexure A10 A TRUE COPY OF THE LETTER DATED 18.07.2022 BY THE REVIEW PETITIONER TO THE CONTROLLER OF EXAMINATIONS, CALICUT UNIVERSITY.

Annexure A11 A TRUE COPY OF THE COMPLAINT DATED 10.02.2022.

Annexure A12 A TRUE COPY OF THE APOLOGY LETTER BY THE 3RD WRIT PETITIONER.