Kerala High Court
The Manager, Darul Uloom Training ... vs The State Of Kerala on 21 March, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
Friday, the 21st day of March 2025 / 30th Phalguna, 1946
WA NO. 506 OF 2025
AGAINST JUDGMENT DATED 04/03/2025 IN WP(C) 42856/2024 OF THIS COURT
APPELLANT(S)/PETITIONERS
1. THE MANAGER, DARUL ULOOM TRAINING COLLEGE VAZHAKKAD, VAZHAKKAD P.O.,
MALAPPURAM DISTRICT, PIN - 673640
2. ARDRA GIRISH, AGED 23 YEARS D/O. GIRISH JOHN, PULAKUDIYIL HOUSE,
THOTTUMUKKAM POST, AREEKODE VIA, KOZHIKKODE DISTRICT, PIN - 673639
BY SENIOR ADVOCATE SRI.GEORGE POONTHOTTAM AND ADVS.M/S.NISHA GEORGE,
KAVYA VARMA M. M. & SILPA SREEKUMAR
RESPONDENT(S)/RESPONDENTS
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2. THE UNIVERSITY OF CALICUT, REPRESENTED BY REGISTRAR, THENJIPALAM
P.O., MALAPPURAM DISTRICT, PIN - 673635
3. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF CALICUT, THENJIPALAM
P.O., MALAPPURAM DISTRICT, PIN - 673635
4. THE NATIONAL COUNCIL FOR TEACHER EDUCATION, SOUTHERN REGIONAL
COMMITTEE, #125, INFANTRY ROAD, BANGALORE, KARNATAKA STATE,
REPRESENTED BY ITS REGIONAL DIRECTOR, PIN - 560001
GOVERNMENT PLEADER FOR R1
STANDING COUNSEL ADV.P.C.SASIDHARAN FOR R2 AND R3
STANDING COUNSEL ADV.ABRAHAM MEACHINKARA FOR R4
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 04.03.2025 in W.P(C) No. 42856
of 2024 and to direct the 2nd respondent University to publish the result
of the First Semester B.Ed. (Two Year) Degree examination appeared by the
2nd appellant,subject to the final outcome of this writ appeal.
This Writ appeal coming on for orders on 21/03/2025 upon perusing
the appeal memorandum, the court on the same day passed the following:
EXHIBIT P6: A TRUE COPY OF THE COMMUNICATION DATED 16.08.2024
BEARING NO.2208/CDC-G3/2013/CU ISSUED BY THE REGISTRAR OF THE
2ND RESPONDENT UNIVERSITY.
EXHIBIT P7: A TRUE COPY OF THE ORDER U.O.NO.6121/2024/ADMN
DATED 08.04.2024 ISSUED BY THE RESPONDENT UNIVERSITY.
EXHIBIT P9: A TRUE COPY OF THE ORDER BEARING U.O.NO.16674/2024/ADMN
DATED 04.11.2024 ISSUED BY THE 2ND RESPONDENT UNIVERSITY.
AMIT RAWAL & K.V. JAYAKUMAR, JJ.
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W.A.No.506 of 2025
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Dated this the 21st day of March, 2025
ORDER
Amit Rawal, J.
Inter alia alleges that the learned Single
Bench has not taken into consideration the order
of the University that the National Council for
Teachers Education had sanctioned 50 seats for
the B.Ed course including four subjects. In lieu
thereof, the University vide order dated
27.05.2025 granted the affiliation for the
subjects in the following manner;
Sl.No. Optional subjects Sanctioned
strength
2. Since the number of students for Arabic
were more, submitted an application for
reallocation of the seats which were granted on
receipt of an extra fees of Rs.15,750/-. However,
there was only one student for Mathematics. One
more student ie, appellant No.2 also opted for
English. Since all 13 English seats were allocated,
request was made to grant reallocation of the seats
for English subject. The respondent herein,
University, rejected the same by Exts.P6, P7 and
P9.
3. Adv.Kavya Varma, learned counsel appearing
on behalf of the appellant/petitioner submitted
that once the University had accepted the extra
fees of Rs.15,750/- for Arabic seats, thereafter
cannot turn around. Vide impugned order Ext.P9
dated 04.11.2024 imposed fine of Rs.15,000/- each
for 4 seats for Arabic and moreover denied the
reallocation for English by accepting the extra
fees as done in the case of Arabic.
4. Learned Government Pleader takes notice for
R1. Adv.P.C Sasidharan, learned Standing Counsel
takes notice for R2 and R3 and seeks time to argue
the matter. Adv.Abraham Meachinkara, learned
Standing Counsel takes notice for R4.
Post on 04.04.2025 for further consideration.
Sd/-
AMIT RAWAL, JUDGE
sd/-
K.V. JAYAKUMAR, JUDGE
Scl/
21-03-2025 /True Copy/ Assistant Registrar
