Muhammed Afreethi vs Mahatma Gandhi University
2022 Latest Caselaw 10441 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                         WP(C) NO. 31373 OF 2022
PETITIONER:

             MUHAMMAD AFREETHI,
             KANJIRAMTHOTTIL HOUSE, MUDICKAL PO, PERUMBAVOOR,
             ERNAKULAM, PIN 683547.
             BY ADVS.
             PHILIP M.VARUGHESE
             MATHEWS JOSEPH
             AISWARIA DEVI R.
             CHACKO MATHEWS K.
             SREEKUMAR P.N.
             EMMANUEL CYRIAC
             ELIZEBATH GEORGE


RESPONDENTS:

     1       MAHATMA GANDHI UNIVERSITY,
             PRIYADARSINI HILLS KOTTAYAM. PIN 686 560,
             REPRESENTED BY ITS REGISTRAR.
     2       ILAHIA COLLEGE OF ARTS AND SCIENCE
             PEZHAKAPILLY P.O,MUVATTUPUZHA, ERNAKULAM, PIN
             686673, REPRESENTED BY ITS PRINCIPAL.
             BY ADV P.M.SANEER



             SRI.SURIN GEORGE IPE-SC



     THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                    2



W.P.(C) No. 31373 of 2022.




                             JUDGMENT

Dated this the 7th day of October, 2022.

The petitioner was allotted the 2nd respondent -

"Ilaha College of Arts and Science" (College) by the 1 st

respondent - Mahatma Gandhi University

(M.G.University) for admission to the B.A.Economics

Course, as is evident from Ext.P3.

2. The petitioner alleges that, however, even

though he presented Ext.P3 before the Principal of the

College on 28.09.2022, he was not allowed admission;

and that this has put him a piquant predicament because

the next allotment was completed on 03.10.2022 by the

University. He, therefore, prays that the 2 nd respondent -

College be directed to admit him on the strength of

Ext.P3 forthwith, so that he can continue and pursue his

W.P.(C) No. 31373 of 2022.

classes without impediment.

3. The afore submissions of Sri.Chacko Mathews

K. - learned counsel for the petitioner, were answered by

Sri.P.M.Saneer - learned Standing Counsel for the

College, saying that the facts involved in this case would

indicate that the attempt of the petitioner is not to

secure admission but to "wreck vengeance" on his client.

He explained that the petitioner had earlier approached

his client to obtain admission in the Management quota,

but that since he did not have merit he was denied

admission. He added that, thereafter, the petitioner

appears to have approached the University for allotment

showing only his client as the college to which he

intended to obtain admission, and that this is clearly

malafide because when he was denied admission in the

Management quota, as stated above, he had created a

W.P.(C) No. 31373 of 2022.

ruckus in the college, which led to Ext.R2(b) complaint

being preferred against him. He submitted that

therefore, his client legitimately believes that the

petitioner will disrupt the discipline in the college and

therefore, that they have addressed Ext.R2(c) letter to

the M.G.University on 06.10.2022, seeking that the

allotment be reconsidered.

4. Sri.Surin George Ipe - learned Standing

Counsel for the M.G.University, in response, submitted

that the attempt of the College is to wriggle out of their

statutory obligation as per Ext.P3 and that they have

approached the University only on 06.10.2022, even

when the admission ought to have been completed by

the end of September, 2022. He added that since the

next allotment is also now over, the action of the College

in refusing admission to the petitioner will have to be

W.P.(C) No. 31373 of 2022.

viewed seriously.

5. When I evaluate and consider the afore

submissions, it is evident that the College is refusing

admission to the petitioner based on certain speculative

reasons. It may be true that there was an incident in the

past, which led to a police complaint being filed against

the petitioner, but this does not ipso facto mean that his

attempt is to "wreck vengeance", as has been now

suggested by Sri.P.M.Saneer.

6. That apart, when Ext.P3 allotment was issued

by the University in the last week of September, 2022, if

the College had any objection as stated above, they

ought to have approached its competent Authority at

least before the next allotment was completed. This, not

having been done, and Ext.R3(c) being preferred only on

06.10.2022, pending this lis, I am certain that this Court

W.P.(C) No. 31373 of 2022.

will not be justified in denying relief to the petitioner.

In the afore circumstances, I order this writ petition

and direct the College to admit the petitioner, based on

Ext.P3, forthwith; however with full liberty being reserved

to them to pursue Ext.R3(c) before the University, which

Authority will consider it, after hearing both sides and

take an apposite decision thereon as per law.

Needless to say, the afore relief has been granted to

the petitioner on his express undertaking - made through

his learned counsel - that he will act in strict compliance

of the discipline of the College and will not exhibit any

conduct in breach thereof.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj.

07.10.2022.

W.P.(C) No. 31373 of 2022.

APPENDIX OF WP(C) 31373/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PAYMENT RECEIPT DONE FOR THE ADMISSION IN THE MANAGEMENT QUOTA.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR ALLOTMENT.

Exhibit P3 TRUE COPY OF THE ALLOTMENT MEMO REVEALING THE ALLOTMENT DETAILS, MARKS AND THE FEES PAID.

RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE ADMISSION ORDER 2022-

23 DATED 01/03/2022 ISSUED BY THE MANAGER OF THE COLLEGE RESPONDENT EXHIBITS Exhibit R2(B) TRUE COPY OF THE COMPLAINT NO.

ICAS/PC/2022 DATED 31/08/2022 GIVEN BY THE RESPONDENT TO THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION Exhibit R2(C) TRUE COPY OF THE REQUEST GIVEN BY THIS RESPONDENT TO THE 1ST RESPONDENT UNIVERSITY DATED 06/10/2022