Kerala High Court
The Regional College Of Science And ... vs University Of Calicut on 20 February, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
WA NO. 246 OF 2024
AGAINST JUDGMENT DATED 09/02/2024 IN WP(C) 41133/2023 OF THIS COURT
APPELLANT/4TH RESPONDENT IN WP(C):
THE REGIONAL COLLEGE OF SCIENCE AND HUMANITIES, REPRESENTED BY ITS
PRINCIPAL, HARITHAGIRI, KIZHISSERI, MUNDAMPARAMBA, PULIYAKKODE P.O.,
MALAPPURAM, PIN - 676641.
BY SENIOR ADVOCATE SRI.GEORGE POONTHOTTAM AND
ADVS.M/S.NISHA GEORGE,A.L.NAVANEETH KRISHNAN & SIDHARTH R.WARIYAR
RESPONDENTS/RESPONDENTS 1 TO 3, 5 AND PETITIONERS IN WP(C):
1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT
UNIVERSITY PO, MALAPPURAM, PIN - 673635.
2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY PO,
MALAPPURAM, PIN - 673635.
3. BOARD FOR ADJUDICATION OF STUDENTS' GRIEVANCES (BASG) ,UNIVERSITY OF
CALICUT, REPRESENTED BY DEAN OF STUDENTS' AFFAIRS, CALICUT
UNIVERSITY PO, MALAPPURAM, PIN - 673635.
4. MUSTHAFA T., AGE AND FATHER NAME NOT KNOWN TO THE PETITIONERS,
FORMER PRINCIPAL OF THE REGIONAL COLLEGE OF SCIENCE AND HUMANITIES,
HARITHAGIRI, KIZHISSERI, MUNDAMPARAMBA, PULIYAKKODE P.O.,
MALAPPURAM, PIN - 676641.
5. FASALU RAHMAN P.T., AGED 20 YEARS S/O BASHEER P.T., RESIDING AT
PALANTHODI HOUSE, MANGATTUKARA, KIZHUPARAMBU, MALAPPURAM, PIN -
673639.
6. JAZLIN ZAKI P., AGED 21 YEARS , S/O ABDURAHIMAN P., RESIDING AT
PARAMBAT HOUSE, SOUTH PUTAHALAM, KAVANOOR, ERNAD, MALAPPURAM, PIN -
673639.
7. SHIBIN P., AGED 20 YEARS, S/O MANSOOR, RESIDING AT PERUMBILAVIL
HOUSE, THERATTAMMAL, URANGATTIRI, MALAPPURAM, PIN - 673639.
8. MUHAMMED HARIS A.K., AGED 22 YEARS , S/O MUHAMMED A.K., RESIDING AT
KOLOTH HOUSE, VAVOOR, CHEKKODE, MALAPPURAM, PIN - 673645.
BY STANDING COUNSEL SRI.P.C.SASIDHARAN FOR R1 & R2
ADV.SRI.P.M.MANOJ FOR R5 TO R8
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 09.02.2024 passed by the
Learned Single Judge in W.P.(C) NO.41133 of 2023 and Exhibit-P3, pending
disposal of this Writ Appeal.
This Writ Appeal coming on for orders along with connected case on
20/02/2024 upon perusing the appeal memorandum, the court on the same day
passed the following:
EXT.P3: A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT BASG HAVING
NO.U.O.NO.17402/2023/ADMN DATED 10.11.2023
AMIT RAWAL
&
C.S.SUDHA, JJ.
---------------------------------------------
W.A.Nos.245 & 246 of 2024
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Dated this the 20th day of February, 2024
ORDER
Amit Rawal, J
Mr.George Poonthottam, the learned Senior Counsel,
assisted by Mr.A.L.Navaneeth Krishnan, inter alia, submits that
the judgment of the Single Bench upholding the order Ext.P23
dated 10.11.2023, withdrawing the suspension or dismissal of
the students and permitting them to write the 5 th Semester
examination as a special case, is totally in violation of the
Regulation. Statute 6 of Chapter 27 of the Calicut University
First Statues extracted below:-
6. Procedure of the Board. After the Board has decided that
a complaint filed before it should be entertained, it shall
commence the enquiry at appointed time and place or on
such other date to which the enquiry may adjourned. At the
enquiry the oral and documentary evidence on behalf of the
complainant shall be first adduced and the authorities of the
college or University, as the case may be, shall then be
given an opportunity to adduce oral and documentary
evidence. The complainant as also the authorities of the
W.A.Nos.245 & 246 of 2024
college or the University shall be allowed to file any
supplementary statement in support of their case. The
Board, may at any stage of the examination of the witnesses
put questions to them. After all the evidence is recorded, the
Board, may, if necessary, allow the parties concerned to
argue their case before the Board. After all the evidence and
arguments have been heard, the Board shall record its
findings in respect of the complaint. The findings of the
Board shall then be forwarded to the Syndicate by the
Chairman of the Board for appropriate action.
2. There have been a series of incidents prior to the
incident happened on 12.07.2023; the enquiry reports are
Exts.P10,11 and P12. Such type of students not only threat
create havoc, but threatened the Principal of dire
consequence. Such type of vendalism cannot be permitted to
go unnoticed. Even otherwise, students cannot be permitted
to take the Semester examination due to the shortage of
attendance. Therefore, the whole purpose of withdrawing the
dismissal would not be served.
3. Issue notice before admission. Mr.P.C.Sasidharan
takes notice for Calicut University. Mr.P.M.Manoj takes notice
for respondents 5 to 8.
4. Counsel seeks time to argue the matter. In the
meantime, operation of the judgment of the learned Single
W.A.Nos.245 & 246 of 2024
shall stand stayed till the next posting date.
Post on 03.04.2024.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
C.S. SUDHA, JUDGE
AS
20-02-2024 /True Copy/ Assistant Registrar
