Amitha Santhosh vs State Of Kerala
2022 Latest Caselaw 7446 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 14025 OF 2022
PETITIONER:

            AMITHA SANTHOSH
            AGED 18 YEARS
            D/O K.R.SANTHOSH, KALLELIL HOUSE KOOTTAR P.O, IDUKKI-
            685552 NOW RESIDING AT RUBBER BOARD QUARTER NO. 3/5,
            RUBBER BOARD P.O., KOTTAYAM-686009, PIN - 686009
            BY ADV R.REJI KUMAR


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2       THE DIRECTOR
            DIRECTORATE OF TECHNICAL EDUCATION,
            PADMAVILASOM STREET, FORT PO,
            THIRUVANANTHAPURAM - 695 023
    3       APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
            REPRESENTED BY ITS REGISTRAR
            CET CAMPUS, THIRUVANANTHAPURAM - 695 016.
    4       THE PRINCIPAL
            SCMS SCHOOL OF ENGINEERING AND TECHNOLOGY,
            VIDYA NAGAR, KARUKUTTY,
            ERNAKULAM -683 576.
    5       THE PRINCIPAL
            COLLEGE OF NURSING, GURU EDUCATIONAL TRUST,
            KUTTAPUZHA, THIRUVALLA, PATHANAMTHITTA - 689103.
            BY ADVS.
            SHRI.ELVIN PETER, SC, APJ ABDUL KALAM TECHNOLOGICAL
            UNIVERSITY
            MILLU DANDAPANI
            E.M.MURUGAN

            SMT RESMI THOMAS-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14025 OF 2022        2

                           JUDGMENT

The petitioner says that she was expelled from the SCMS

School of Engineering and Technology ("SCMS College"),

Ernakulam, of which the 4th respondent is the Principal, on her

having joined the College of Nursing, Pathanamthitta. She says

that she could not, however, continue her course in the College

of Nursing and she wants to come back and join Engineering,

for which purpose, she seeks that the 4 th respondent be

directed to readmit her.

2. Interestingly, however, the University takes the stand

that the petitioner's admission in the "SCMS College" has not

been yet cancelled and that, as per their records, she continues

to be a student of the said College, since her "KTU ID" Portal

has not been yet cancelled.

3. The learned counsel for the "SCMS College", however,

submitted that the petitioner has already been issued with

Transfer Certificate, when she applied to join the College of

Nursing and that the Portal has been updated.

4. However, since the University takes a contrary stand as

afore, this Court can only go by the same and hold that the

petitioner continues to be a student of the "SCMS College"

even today.

Resultantly, I close this writ petition, recording the

submissions made on behalf of the University that, as per their

records, the petitioner continues to be a student of the "SCMS

College"; however, clarifying that the petitioner's entitlement

to complete the course and to take the examinations shall be as

per every other statutory requirement and imperatives,

including attendance, which she will have to satisfy.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/24.6

APPENDIX OF WP(C) 14025/2022

PETITIONER EXHIBITS Exhibit P.1 TRUE COPY OF SENIOR SCHOOL CERTIFICATE BEARING ROLL NO 24613406 DATED 30-07-2021 ISSUED BY CBSE Exhibit P.2 TRUE COPY OF ADMISSION SLIP DATED 24-11-

2021 ISSUED BY 4TH RESPONDENT Exhibit P.3 TRUE COPY OF TRANSFER CERTIFICATE (TC) NO.5732 DATED 25-03-2022 ISSUED BY 4TH RESPONDENT Exhibit P.4 TRUE COPY OF TRANSFER CERTIFICATE NO.120 DATED 07-04-2022 ISSUED BY 5TH RESPONDENT Exhibit P.5 TRUE COPY OF ORDER DATED 26-11-2021 IN MA NO. 1841 OF 2021 IN CIVIL APPEAL NO. 9048/2012 ISSUED BY HON'BLE SUPREME COURT OF INDIA Exhibit P.6 TRUE COPY OF ACADEMIC CALENDAR FOR A PERIOD FROM NOVEMBER 2021 TO MARCH 2022 PUBLISHED BY 4TH RESPONDENT Exhibit P.7 TRUE COPIES OF PAGE NOS. 1, 9 AND 10 OF ACADEMIC REGULATIONS FOR B. TECH, 2019 ISSUED BY 4TH RESPONDENT Exhibit P.8 TRUE COPY OF GO DATED 29-08-2017 ISSUED BY 1ST RESPONDENT Exhibit P.9 TRUE COPY OF PRESS REPORT DATED 29-08-

2017 PUBLISHED BY THE HINDU ENGLISH DAILY Exhibit P.10 TRUE COPY OF REPRESENTATION DATED 11-04-

2022 SUBMITTED BEFORE THE 3RD RESPONDENT BY PETITIONER Exhibit P.11 TRUE COPY OF REPRESENTATION DATED 11-04-

2022 SUBMITTED BEFORE 4TH RESPONDENT BY PETITIONER Exhibit P.12 TURE COPYACADEMIC CALENDAR FOR A PERIOD FROM MARCH 22 TO AUGUST 22 PUBLISHED BY 3RD RESPONDENT UNIVERSITY.