Apj Abdul Kalam Technological ... vs Joel Sunny Varghese
2023 Latest Caselaw 11087 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                              &
             THE HONOURABLE MR.JUSTICE V.G.ARUN
 THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                     WA NO. 1780 OF 2023


  AGAINST THE JUDGMENT IN WP(C) 25594/2022 OF HIGH COURT OF
                            KERALA
APPELLANT/1ST RESPONDENT IN WPC:

          APJ ABDUL KALAM TECHNOLOGICAL UNIVERSITY
          CET CAMPUS, THIRUVANANTHAPURAM, KERALA,
          REPRESENTED BY ITS REGISTRAR, PIN - 695 016

          BY ADV ELVIN PETER P.J.



RESPONDENTS/PETITIONERS & RESPONDENT NO.2:

    1     JOEL SUNNY VARGHESE, AGED 23 YEARS
          S/O. SUNNY VARGHESE, 8TH SEMESTER,
          COMPUTER SCIENCE ENGINEERING 4TH YEAR STUDENT,
          UNIVERSITY UNION COUNCILLORS, SREE BUDDHA COLLEGE
          OF ENGINEERING, PATTOOR - 690 529, ALAPPUZHA
          DISTRICT, RESIDING AT JITESH VILLA,
          PULLIKANAKKU.P.O., KAYAMKULAM,
          ALAPPUZHA DISTRICT-, PIN - 690 537

    2     ASWIN S.S., AGED 21 YEARS,
          S/O. SHAJI. L.R., 6TH SEMESTER,
          MECHANICAL ENGINEERING 3RD YEAR STUDENT,
          UNIVERSITY UNION COUNCILLORS, MAR BASELIOS
          COLLEGE OF ENGINEERING AND TECHNOLOGY,
          THIRUVANANTHAPURAM-695 015, RESIDING AT
          PARAYANKONAM, CHERUVIKKAL, SREEKARYAM.P.O.,
          THIRUVANANTHAPURAM, PIN - 695 001.
 W.A.No.1780 of 2023
                                   2

     3       STATE OF KERALA
             DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY
             ITS SECRETARY., PIN - 695 001


OTHER PRESENT:

             ADV. GOWRI BALAGOPAL FOR THE APPELLANT; SPL.GP TO
             ADDL.AG ADV. RAMANAND K.B.




      THIS    WRIT    APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.1780 of 2023
                                   3



                             JUDGMENT

Dated this the 26th day of October 2023

A.J. Desai, C.J.

By way of the present appeal filed under section 5 of the

Kerala High Court Act, 1958, the appellant/1st respondent has

challenged the judgment of the learned Single Judge dated

29.08.2022 in W.P.(C)No.25594 of 2022 mainly on the ground that

the learned Single Judge, while disposing of the writ petition, had

made certain observations in paragraph 31 of the impugned

judgment, which may create difficulties for the University in

future.

2. We heard learned Advocate appearing for the appellant

and examined the judgment in question in this appeal.

3. Paragraph 31 of the judgment reads as under:

"31. In summation, I am left with doubt that Statute No.5 of Chapter IV of the "First Statues", as it presently stands, is unconstitutional and contra legis, in as much as it denies valuable rights to the vast majority of students who are studying in the various affiliated Colleges of the W.A.No.1780 of 2023

University; while granting it to a much lower number of students, which does not concede to any intelligible differentia in fostering such a classification."

4. By the above observations, the learned Single Judge has

raised some doubts about Statute No.5 of Chapter IV of the First

Statutes and has not declared it as unconstitutional or illegal.

Hence, we do not find any reason to interfere with the

judgment impugned. The writ appeal is, accordingly, dismissed.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge vpv

//TRUE COPY//

P.A. TO JUDGE