Olivin Francis vs The University Of Calicut
2023 Latest Caselaw 9301 Ker

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WPC 25937/23
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
         FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                          WP(C) NO. 25937 OF 2023
PETITIONER/S:
           OLIVIN FRANCIS,AGED 23 YEARS,S/O FRANCIS P.S,
           PEZHUMVILA MARY VILASAM, KUMBALAM, KUNDARA, MULAVANA
           P.O, KOLLAM, PIN - 691503

               BY ADVS.
               M.KIRANLAL
               R.RAJESH (VARKALA)
               SAMEER M NAIR
               MANU RAMACHANDRAN
               GEETHU KRISHNAN
               SAILAKSHMI MENON


RESPONDENT/S:
     1     THE UNIVERSITY OF CALICUTREPRESENTED BY ITS
           REGISTRAR,THENHIPALAM, MALAPURAM, PIN - 673635

     2         THE VICE CHANCELLORUNIVERSITY OF CALICUT, THENHIPALAM,
               MALAPPURAM, PIN - 673635

     3         THE JOINT REGISTRARUNIVERSITY OF CALICUT, THENHIPALAM,
               MALAPPURAM, PIN - 673635

     4         THE PRINCIPALKMCT LAW COLLEGE, KUTTIPURAM, MALAPPURAM,
               PIN - 679571

               BY ADV P.C.SASIDHARAN


OTHER PRESENT:
           P.C SASIDHARAN, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 25937/23


                            JUDGMENT

(Dated this the 25th day of August 2023)

The petitioner is a student of Law at the 4th respondent Law

College, affiliated to the 1st respondent University. The course

started in the year 2021. The petitioner had completed 3 semesters

and undergoing the 4th semester. Since the petitioner had sufficient

attendance for the 2nd semester, he was promoted to the 3 rd

semester and during the 3rd semester, the petitioner had to undergo

a compulsory internship. The University has conducted the 2nd

semester examinations only for B.com LLB students and not for

B.B.A. LLB students.

2. In January 2023, the petitioner was suspended from the

College, but was permitted to appear for the university

examinations for the 2nd semester.

3. It is a case of the petitioner that he had remitted the fees

for the 2nd semester examination in the 4th respondent's College

evidenced by Ext.P5. The petitioner's name is included in the

detained list. The petitioner's name is figured as Serial No.38 in

WPC 25937/23 Exhibit P6. Though he was detained, the petitioner was permitted

to attend the class for the 4th semester and attendance was also

recorded. But from 03.08.2023 onwards, the petitioner's

attendance is not recorded.

4. The petitioner submits that though fees was paid, the

same has not been remitted before the 1 st respondent-University by

the 4th respondent-College and therefore the petitioner is not in a

position to appear for the examination.

5. The prayer is for issuance of writ of mandamus directing

the 4th respondent to remit the fee received from the petitioner at

the University towards the end semester examination fee for the 2 nd

semester.

6. The Standing Counsel for the University submits that it

is for the College Authorities to remit the fees which is received

from the students along with the internal marks as well as the

attendance. It cannot be directly accepted by the University.

7. Though, notice was issued from this Court by special

messenger to the 4th respondent-College, none appears.

WPC 25937/23 Therefore, to protect interests of the student, there will be a

direction to the 1st respondent to accept the fees along with fine or

super fine, if any, within a period of one week from today. The 4th

respondent is directed to upload the attendance of the petitioner

along with the internal marks of the petitioner to the 1 st respondent-

University within a period of 10 days from today.

The Writ Petition is disposed of accordingly.

Sd/-

BASANT BALAJI, JUDGE JS/

WPC 25937/23 APPENDIX OF WP(C) 25937/2023 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 4TH RESPONDENT COLLEGE

Exhibit P2 A TRUE COPY OF THE INTERNSHIP CERTIFICATE ISSUED BY ADV. VINOD KUMAR DATED 06.05.2023

Exhibit P3 A TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE PRINCIPAL OF KMCT LAW COLLEGE, MALAPPURAM

Exhibit P4 A TRUE COPY OF THE NOTICE DATED 25.01.2023

Exhibit P5 A TRUE COPY OF THE TRANSACTION DETAILS EVIDENCING THE PAYMENT OF EXAMINATION FEE

Exhibit P6 A TRUE COPY OF THE SCREENSHOT OF THE RELEVANT PAGE OF THE LIST EVIDENCING THE INCLUSION OF THE PETITIONER