Neziah Ben Rose vs University Of Kerala
2022 Latest Caselaw 7486 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. 20718 OF 2022
PETITIONER:

           NEZIAH BEN ROSE
           AGED 24 YEARS
           D/O BANJAMIN M K., IIND -SEM, BA POLITICAL SCIENCE
           STUDENT IN UNIVERSITY COLLEGE, THIRUVANANTHAPURAM,
           RESIDING AT LOGOS. MUTTAM P.O, MUTTAM.E.K, IDUKKI-685
           587.

           BY ADVS.
           V.JOHN MANI
           JACKSON JOHNY
           VARGHESE SABU
           SETHULAKSHMI K.K.
           DIANA LAURANCE PAUL



RESPONDENTS:

    1      UNIVERSITY OF KERALA
           SENATE HOUSE CAMPUS, PALAYAM,
           THIRUVANANTHAPURAM - 695034,REPRESENTED BY ITS
           REGISTRAR.

    2      RETURNING OFFICER,
           UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, PALAYAM'
           THIRUVANANTHAPURAM - 695034

    3      ADITHYAN S R,
           AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
           IXTH SEM, BA LLB, CSI INSTITUTE OF LEGAL STUDIES,
           CHERUVARAKKONAM - 695502

    4      ARPAN P.VARGHESE,
           AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
           5TH SEM, LLB UNITARY DEGREE COURSE, KERALA LAW ACADEMY
           LAW COLLEGE, PEROORKADA, THIRUVANANTHAPURAM 695005

    5      GOKULNATH G.S,
           AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
           VITH SEM, FIVE YEAR BA LLB, GOVERNMENT LAW COLLEGE,
 WP(C) NO. 20718 OF 2022
                                  2

          BARTON HILL, THIRUVANANTHAPURAM-695035

    6     SRUTHI M.R,
          AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER.
          IIND SEM MA MALAYAM, UNIVERSITY COLLEGE, PALAYAM,
          THIRUVANATHAPURAM - 695034

    7     VISHNU J,
          AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
          VITH SEM BA POLITICAL SCIENCE, ST. GREGORIUS COLLEGE,
          KOTTARAKARA, KOLLAM - 691531

    8     JAYAKRISHNAN J.A,
          AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
          BA MALAYALAM, SREE NARAYANA COLLEGE, CHERTHALA - 688523

    9     NAZEEM M,
          AGED 23 YEARS, FATHER'S NAME IS NOT KNOWN TO THE
          PETITIONER, IIND YEAR BA VEDANTA, GOVERNMENT SANSKRIT
          COLLEGE ,THIRUVANATHAPURAM.- 695034

    10    ABHIJITH A K,
          AGE AND FATHER'S NAME IS NOT KNOWN TO THE PETITIONER,
          M.PHIL POLITICAL SCIENCE DEPARTMENT OF POLITICAL
          SCIENCE ,UNIVERSITY OF KERALA- 695034

    11    RAHUL KRISHNAN,
          AGE AND FATHER'S NAME IS NOT KNOWN TO THE
          PETITIONER,M.PHIL POLITICAL SCIENCE DEPARTMENT OF
          POLITICAL SCIENCE UNIVERSITY OF KERALA -695034



          SRI THOMAS ABRAHAM-SC




     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. 20718 OF 2022
                                       3

                                 JUDGMENT

The petitioner alleges that the party

respondents have been included in the panel of

candidates to the ensuing election to the

Senate of the Kerala University, even though

they have several papers left without being

cleared. She, therefore, prays that Ext.P3

final list of candidates be quashed.

2. I am afraid, I cannot find favour with

the afore submissions of Sri.V.John Mani - the

learned counsel for the petitioner, to

intervene with the election process because,

as is now well settled, the remedy of the

petitioner is to challenge the same, after the

process is over.

3. This is more so because the learned

Standing Counsel for the University -

Sri.Thomas Abraham, confirms that the ballet

papers have been printed and election is WP(C) NO. 20718 OF 2022

scheduled on 27.06.2022.

Resultantly, leaving open the afore

liberty of the petitioner, I close this writ

petition without any further orders.

I, however, clarify that I have refused to

exercise discretion only because this Court

cannot enter into the merits of the election

process once it has been notified and for no

other reason; and therefore, that any

challenge to the election by the petitioner

shall be considered by the competent Authority

untrammeled by this judgment or by my

observations.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 20718 OF 2022

APPENDIX OF WP(C) 20718/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF COLLEGE IDENTITY CARD OF PETITIONER

Exhibit P2 A TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY 2ND RESPONDENT DATED 09/06/2022

Exhibit P3 A TRUE COPY OF THE FINAL LIST OF CANDIDATES VALIDLY NOMINATED FOR THE ELECTION OF 10 FULL TIME STUDENTS TO THE SENATE BY THE MEMBERS OF THE GENERAL COUNCIL OF THE KERALA UNIVERSITY UNION 2021-2022 DATED 20/06/2022

Exhibit P4 A TRUE COPY OF THE FINAL LIST OF CANDIDATES VALIDLY NOMINATED FOR THE ELECTION OF THE EXECUTIVE COMMITTEE AND MEMBERS OF THE ACCOUNTS COMMITTEE OF THE KERALA UNIVERSITY UNION (2021-2022) FROM AMONG THE MEMBERS OF THE GENERAL COUNCIL OF THE KERALA UNIVERSITY UNION DATED 20/06/2022

Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22/06/2022

Exhibit P6 A TRUE COPY OF THE REPLY OF 2ND RESPONDENT IN EXHIBIT P5 COMPLAINT DATED 22/06/2022

Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF NATIONAL EDUCATION POLICY 2020 OF MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVERNMENT OF INDIA

Exhibit P8 A TRUE COPY OF THE COMPLAINT FILED BY BOBAN P.M. BEFORE 2ND RESPONDENT DATED 23/06/2022

Exhibit P9 A TRUE COPY OF THE NOTICE ISSUED BY 1ST RESPONDENT UNIVERSITY DATED 23/06/2022

Exhibit P10 A TRUE COPY OF THE LYNGDOH COMMITTEE RECOMMENDATIONS