Shihana Sherin K vs Calicut University, Represented ...
2023 Latest Caselaw 11067 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 34471 OF 2023
PETITIONER:

          SHIHANA SHERIN K
          AGED 19 YEARS, D/O MOHAMMED IQBAL,
          KAMMALIKKANAKATH (H), PONNANI,
          VELIYANCODE P.O., MALAPPURAM, PIN - 679579

          BY ADV MANSOOR ALI



RESPONDENTS:

    1     CALICUT UNIVERSITY, REPRESENTED BY ITS REGISTRAR
          CALICUT UNIVERSITY P.O., MALAPPURAM (DIST),
          KERALA, PIN - 673635

    2     PRINCIPAL
          M.E.S. ASMABI COLLEGE, P. VEMBALLUR (P.O.),
          KODUNGALLUR, THRISSUR DISTRICT, PIN - 680671

    3     RETURNING OFFICER
          M.E.S. ASMABI COLLEGE, P. VEMBALLUR (P.O.),
          KODUNGALLUR, THRISSUR DISTRICT, PIN - 680671

          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH(B-13)
          P.U.VINOD KUMAR(K/647/2002)
          ARYA RAGHUNATH(K/000474/2018)
          VAISAKHI V.(K/860/2013)
          T.M.MUHAMMED MUSTHAQ(K/000261/2018)
          AJWIN P LALSON(K/001394/2018)
          P.LAKSHMI(K/001868/2021)
          AYSHA E.M.(K/001130/2022)
          SHIFANA KAISE(K/001171/2023)
          DENNIS BIJU(K/002709/2023)




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34471 OF 2023
                                   2



                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No.34471 of 2023
               --------------------------------------------
               Dated this the 26th day of October, 2023

                             JUDGMENT

The petitioner has approached this Court seeking to contest in

the election after condoning the attendance. According to the

petitioner, she has sufficient attendance and even though request had

been made for allowing attendance for participation in D-zone

Kalolsavam as volunteer and in Calicut University union inter zone

Kalolsavam as volunteer, the same have not been given credit, which

has led to a shortage of attendance of 3%. The petitioner has

produced Exts.P2 & P3 to show that requests have been made.

2. The College has filed a detailed counter affidavit in which it

is stated that Ext.P2 has been created for the purpose of the case and

some of the initials have been added by interpolation. It is submitted

that no application in terms of the hand book of the College has been

received for condoning the attendance. It is also submitted that some

of the dates for which the leave is sought for in Ext.P3 are days when

the petitioner was actually present as can be seen from the

attendance sheet which has been produced along with the counter WP(C) NO. 34471 OF 2023

affidavit.

3. This Court in exercise of extraordinary jurisdiction under

Article 226 of the India cannot go into such facts regarding the

correctness or otherwise of the attendance register of College and the

question whether the College ought to have granted leave or ought to

have granted attendance to the petitioner based on applications which

are not according to the College in the prescribed form.

No relief can be granted. The writ petition fails and is dismissed.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 34471 OF 2023

APPENDIX OF WP(C) 34471/2023

PETITIONER'S EXHIBITS

Exhibit P-1 THE TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER

Exhibit P2 THE TRUE COPY OF THE LETTER FILED BY THE PETITIONER BEFORE THE MAGAZINE STAFF COORDINATOR, WHICH IS FORWARDED TO THE CHIEF EDITOR DATED 21.07.2023

Exhibit P-3 THE TRUE COPY OF THE LETTER TO THE 2ND RESPONDENT ISSUED BY THE GENERAL SECRETARY, CALICUT UNIVERSITY UNION DATED NIL

Exhibit P-4 THE TRUE COPY OF THE ATTENDANCE SHEET OF THE 5TH SEMESTED B.A. ENGLISH STUDENTS IN M.E.S. ASMABI COLLEGE DATED NIL

Exhibit P-5 THE TRUE COPY OF THE NOMINATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.10.2023

Exhibit P-6 THE TRUE COPY OF THE NOTIFICATION NO 167276/DSW-ASST-2/2023/ADM(II). DATED 30.09.2023

Exhibit P-7 THE TRUE COPY OF THE CALICUT UNIVERSITY REGULATIONS FOR CHOICE BASED CREDIT AND SEMESTER SYSTEM FOR UNDER GRADUATE (UG) CURRICULUM -2019 DATED NIL

RESPONDENTS' EXHIBITS

R2(A) A TRUE COPY OF THE RELEVANT PORTION OF THE HANDBOOK OF THE YEAR 2022-23 GIVEN TO THE STUDENTS INCLUDING THE PETITIONER AT THE TIME OF TAKING ADMISSION IN THE COLLEGE WP(C) NO. 34471 OF 2023

R2(B) A TRUE COPY OF THE RELEVANT PORTION OF THE ATTENDANCE REGISTER DATED 11TH, 12TH AND 13TH OF JULY 2023, OF 3RD BA ENGLISH CLASS

R2(C) A TRUE COPY OF THE MAIL DATED 11/10/2023 RECEIVED FROM THE CALICUT UNIVERSITY UNION

R2(D) A TRUE COPY OF THE RELEVANT PORTION OF THE LINGDOH COMMITTEE REPORT ACCEPTED BY THE HON'BLE SUPREME COURT IN THE MATTER OF CONDUCT OF COLLEGE UNION ELECTIONS