Kerala High Court
Faiz .T.P vs The University Of Calicut Represented ... on 15 November, 2024
2024:KER:85402
WP(C) NO. 38603 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,
1946
WP(C) NO. 38603 OF 2024
PETITIONER:
FAIZ .T.P,
AGED 21 YEARS
S/O ABDUL LATHEEF, PALAKKAL HOUSE
THALKUMARAM PARAMBU MAVOORPOST,
KOZHIKODE DISTRICT, PIN - 673661
BY ADV BIJU.P.N.
RESPONDENTS:
1 THE UNIVERSITY OF CALICUT REPRESENTED BY
REGISTRAR, ELENGIPALAM MALAPURAM,
PIN - 673543
2 THE PRINCIPAL,
FAROOQ COLLEGE , FAROOQ COLLEGE .P.O,
KOZHIKODE, PIN - 673632
3 ADHIDAVE .C.S,
AGED 18 YEARS
S/O CHAZHIL KUMAR, VARATHAM HOUSE, MANSKADAVU,
PANTHIRAMKAVU P.O. KOZHIKODE DIST.,
PIN - 673632
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WP(C) NO. 38603 OF 2024
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*ADDL.4 THE CHAIRMAN,
BOARD OF ADJUDICATION, STUDENTS GRIEVANCE CELL,
UNIVERSITY OF CALICUT, 673540
*[IS IMPLEADED AS ADDITIONAL 4TH RESPONDENT IN
THE WRIT PETITION AS PER ORDER DATED 18.11.2024
IN 1.A NO.1/2024]
BY ADV
ADV.P.C. SASIDHARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) NO. 38603 OF 2024
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JUDGMENT
The petitioner is 3rd year student of BA English in the
2nd respondent college, which is affiliated to the 1 st respondent
University. The grievance of the petitioner is that, he was
illegally suspended from the college, without proper reasons.
Consequent to the order of suspension the petitioner is
unable to pursue his studies since 22.07.2024. The writ
petition was submitted in such circumstances. The reliefs
sought by the petitioner in this writ petition are as follows:
"1. To call for the records leading to
Exhibit P1 and set aside the same by
issuing writ of Certiorari and direct the
respondents to revoke the suspension
order Exhibit P1.
2. To issue a writ of mandamus and
order or direction commanding the
respondent No 1 and 2 to pass orders
on Exhibit P4 and exhibit P5
representation pending before them.
3 May be pleased to dispense with filing
the translation of vernacular
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WP(C) NO. 38603 OF 2024
documents.
4 Any other appropriate order or
direction this Hon'ble Court deem fit in
the interest of justice."
2. Heard Sri.Biju P.N., the learned Counsel for
the petitioner for the petitioner and Sri.P.C. Sasidharan,
learned Standing Counsel for the University.
3. The basic question that arises is whether the
order of suspension issued by the 2 nd respondent was on
proper reasons or not. Apparently, the adjudication of the
same requires consideration of the factual circumstances,
which is not possible in a proceeding under Article 226 of
Constitution of India. However, as pointed out by the learned
Standing Counsel, the additional 4th respondent is a
competent authority to consider the grievances of the nature
as highlighted by the petitioner in Ext.P5 before the Registrar
of the 1st respondent.
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WP(C) NO. 38603 OF 2024
4. In such circumstances, I am of the view that,
the petitioner can be relegated to the additional 4 th
respondent for seeking redressal of his grievances.
Accordingly, this writ petition is disposed of directing
the petitioner to submit a complaint before the additional 4 th
respondent, within a period of one week, highlighting his
grievances and thereupon a decision shall be taken by the
additional 4th respondent, within a period of three weeks from
the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
scs
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WP(C) NO. 38603 OF 2024
APPENDIX OF WP(C) 38603/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER G3/2024 DATED
22.7.2024 ISSUED BY THE SECOND
RESPONDENT
Exhibit P2 TRUE COPY OF THE FIRST INFORMATION
REPORT NO 0633 DATED 22.7.2024
Exhibit P3 TRUE COPY OF THE ORDER CRL.M.C NO
1466/2024 DATED 16.8.2024 IN THE COURT
OF SESSION KOZHIKODE DIVISION
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE SECOND
RESPONDENT DATED 30.8.2024
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER BEFORE THE FIRST
RESPONDENT DATED 16.10.2024
