Kerala High Court
Mohammed Shoukath Ali.M vs Cochin University Of Science And ... on 29 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:6936
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
WP(C) NO. 29281 OF 2024
PETITIONER:
MOHAMMED SHOUKATH ALI.M
AGED 22 YEARS
S/O SHAMSUDIN B.C,
PERMANENTLY RESIDING AT MAKKANI HOUSE,
MAHLARA MASJID, ANDROTT P.O.,
UNION TERRITORY OF LAKSHADWEEP,
PIN - 682551
BY ADVS.
NIRMAL V NAIR
ENCIL K. SABU
MOHAMMED MUSHTHAQ S.
RESPONDENTS:
1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
UNIVERSITY ROAD, SOUTH KALAMASSERY,
CUSAT P.O., ERNAKULAM
REPRESENTED BY ITS REGISTRAR,
PIN - 682022
2 THE REGISTRAR
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
UNIVERSITY ROAD, SOUTH KALAMASSERY,
CUSAT P.O., ERNAKULAM,
PIN - 682022
3 THE PRINCIPAL
SCHOOL OF ENGINEERING,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
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2
UNIVERSITY ROAD, SOUTH KALAMASSERY,
CUSAT P.O., ERNAKULAM,
PIN - 682022
SRI.S.P.ARAVINDAKSHAN PILLAY,STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.29281 of 2024
3
JUDGMENT
Dated this the 29th day of January, 2025
The petitioner is aggrieved by the action of the
respondents in refusing to permit the petitioner to attend
classes for the B.Tech Course in Safety and Fire Engineering
and to attend Examinations including Supplementary
Examinations on the ground that the petitioner is an accused
in a crime.
2. The petitioner was accused in a crime for offences
punishable under the Protection of Children from Sexual
Offences Act, 2012. The petitioner was arrested and was
remanded. The petitioner was in custody for 34 days. Finally,
the petitioner was granted conditional bail as per Ext.P2 order
dated 09.04.2024 of the Court of the Additional and District
Sessions Judge, Ernakulam.
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3. The grievance of the petitioner is that after
obtaining the bail, when the petitioner went to the College to
attend classes, the petitioner was declined permission to sit in
the classes. The petitioner states that no suspension order
was imposed against the petitioner. Therefore, the petitioner
has a legal right to continue his studies. The petitioner made
Ext.P4 request to the Head of the Department seeking to
permit him to attend classes. The said request was rejected
as per Ext.P5 communication dated 13.05.2024 of the
Registrar of the Cochin University of Science and Technology.
It is aggrieved by Ext.P5 that the petitioner is before this
Court.
4. Counsel for the petitioner relied on a judgment of
this Court in W.P.(C) No.21610/2023 and a judgment of the
Hon'ble High Court of Allahabad in Abu Zaid (Minor) and
another v. Principal, Madrasa-Tul-Islah Saraimir
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Azamgath and others [1999 KHC 2754] to contend that the
petitioner cannot be prevented from attending classes. The
prevention is in violation of the principles of natural justice,
when there is no formal suspension order.
5. Standing Counsel entered appearance on behalf of
the respondents and resisted the writ petition. The
respondents submitted that request of the petitioner to attend
the classes was considered by the Vice Chancellor and it was
decided to decline his request. The decision was taken relying
on Clause V to VII of the Code of Conduct.
6. It is further submitted that the Principal as per letter
dated 01.07.2024 sought clarification regarding the further
action to be taken against the petitioner. It was informed that
the student was not permitted to attend the VI th Semester
B.Tech Degree Examination-May, 2024 and that the VII th
Semester Classes of 2021 admissions had started from
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01.07.2024. The Vice Chancellor therefore ordered to
maintain status quo in the case and the same was
communicated to the Principal, School of Engineering as per
letter dated 13.08.2024 for intimating the petitioner.
7. The respondents further pointed out that the
request of the petitioner to attend the classes was rejected
twice by the Vice Chancellor as is evidenced from Ext.P5. The
issue will be coming up before the Syndicate for consideration
in the ensuing Syndicate meeting. The matter should be left to
the decision of the Syndicate, urged the Standing Counsel for
the respondents.
8. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the
respondents.
9. The petitioner is implicated in an offence committed
on 28.02.2024. The petitioner was arrested on 02.03.2024.
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The petitioner was remanded for a period of 34 days. Finally,
the Additional District and Sessions Court, Ernakulam granted
conditional bail to the petitioner as per Ext.P2 order dated
09.04.2024.
10. Even after obtaining bail, the petitioner is not
permitted to attend the classes. It is to be noted that no formal
suspension order has been imposed on the petitioner. The
petitioner was not given an opportunity to explain his side.
11. As the petitioner has obtained bail and
considerable time has lapsed since the alleged commission of
the offence, I am of the opinion that preventing the petitioner
from attending classes for further period, without there having
any suspension order, would be illegal and unjustifiable.
Considering the request made by the petitioner in
Ext.P12, the writ petition is disposed of directing the
respondents to permit the petitioner to continue to attend the
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classes. The respondents shall re-admit the petitioner to the
VIth Semester. This will be without prejudice to the right of the
respondents to initiate any disciplinary action against the
petitioner, if warranted.
Sd/-
N.NAGARESH
JUDGE
hmh
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WP(C) NO.29281 of 2024
APPENDIX OF WP(C) 29281/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE STUDENT'S ID ISSUED
TO THE PETITIONER BY THE 2ND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE ORDER DATED 9-4-
2024 IN CRL.MP NO. 652/2024 ON THE
FILES OF THE ADDITIONAL AND DISTRICT
SESSIONS JUDGE, ERNAKULAM
Exhibit P3 A TRUE COPY OF THE COCHIN UNIVERSITY
STUDENTS' (CONDUCT AND DISCIPLINARY)
CODE, 2005 ENFORCED AS PER ORDER NO.
AC.A1/DISCIPLINARY ACTIONS/2004 DATED
18-7-2005 ISSUED BY THE PLANNING AND
DEVELOPMENT OFFICER (IN -CHARGE),
ACADEMIC 'A' SECTION
Exhibit P4 A TRUE COPY OF THE REPRESENTATION
DATED 19-4-2024 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit P5 A TRUE COPY OF THE LETTER
NO.AC.A3/DISCIPLINARY ACTION/2024
DATED 13.05.2024 ISSUED FOR THE 2ND
RESPONDENT BY THE DEPUTY REGISTRAR
Exhibit P6 A TRUE COPY OF THE SCHEDULE OF THE
B.TECH END SEMESTER LAB EXAMINATION,
AUGUST, 2024
Exhibit P7 A TRUE COPY OF THE PETITIONER'S
RESULTS FOR THE 1ST SEMESTER
DOWNLOADED FROM THE PETITIONER'S
STUDENT PORTAL IN WWW.CUSAT.AC.IN
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WP(C) NO.29281 of 2024
Exhibit P8 A TRUE COPY OF THE PETITIONER'S
RESULTS FOR THE 2ND SEMESTER
DOWNLOADED FROM THE PETITIONER'S
STUDENT PORTAL IN WWW.CUSAT.AC.IN
Exhibit P9 A TRUE COPY OF THE PETITIONER'S
RESULTS FOR THE 3RD SEMESTER
DOWNLOADED FROM THE PETITIONER'S
STUDENT PORTAL IN WWW.CUSAT.AC.IN
Exhibit P10 A TRUE COPY OF THE PETITIONER'S
RESULTS FOR THE 4TH SEMESTER
DOWNLOADED FROM THE PETITIONER'S
STUDENT PORTAL IN WWW.CUSAT.AC.IN
Exhibit P11 A TRUE COPY OF THE PETITIONER'S
RESULTS FOR THE 5TH SEMESTER
DOWNLOADED FROM THE PETITIONER'S
STUDENT PORTAL IN WWW.CUSAT.AC.IN
Exhibit P12 A TRUE COPY OF THE REPRESENTATION
DATED 24-10-2024 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
